Group of companies doctrine can bind non-signatories to arbitration when mutual intent is shown through corporate affiliation and conduct. The group of companies doctrine permits binding a non-signatory group member to an arbitration agreement where, despite separate legal personalities, corporate affiliation and party conduct demonstrate a mutual intention to arbitrate. Membership in a corporate group is a relevant but insufficient factor; tribunals must examine the words of the arbitration clause, commercial circumstances, and the non-signatory's role in conclusion, performance, or termination of the underlying contract. The claimant seeking joinder bears the burden of proving the cumulative indicia of consent.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Group of companies doctrine can bind non-signatories to arbitration when mutual intent is shown through corporate affiliation and conduct.
The group of companies doctrine permits binding a non-signatory group member to an arbitration agreement where, despite separate legal personalities, corporate affiliation and party conduct demonstrate a mutual intention to arbitrate. Membership in a corporate group is a relevant but insufficient factor; tribunals must examine the words of the arbitration clause, commercial circumstances, and the non-signatory's role in conclusion, performance, or termination of the underlying contract. The claimant seeking joinder bears the burden of proving the cumulative indicia of consent.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.