Cox Kings V. SAP India: Questioning the Use of the ‘Group of Companies’ Doctrine

Abstract

The ‘group of companies’ doctrine had been initially introduced by the Supreme Court of India into the arbitration jurisprudence. Since its introduction, this doctrine has been increasingly used to rope in non-signatories to the arbitration agreement. In a recent landmark judgment of Cox Kings Limited v. SAP India Private Limited and Another, the Supreme Court has questioned the use of the ‘group of companies’ doctrine and has referred the matter to a larger bench. This case comment analyses the judgment, the merits and demerits and the position of this doctrine from an Indian and cross-jurisdictional perspective.