Parties and authority in an arbitration clause

At a glance

Identify who agreed to arbitrate and in what capacity. A group-company name, agent's signature or connected transaction does not automatically resolve every participation question.

Law and context

The Arbitration Act’s agreement framework and relevant contract or agency principles require examination. Current judicial rules concerning parties, non-signatories and composite transactions can be fact-sensitive.

Practical next step

Gather executed agreements, authority documents, transaction structure and communications showing the actual relationship. Disclose connected parties and proceedings before commencing an application or reference.

Important qualifications

This guide does not determine that a non-signatory is bound or that an agent can agree without authority. The complete record matters.

Document checklist

• Executed agreements
• Authority documents
• Transaction structure
• Relevant communications and proceedings

Sources

• The Arbitration and Conciliation Act, 1996 — 7,8
• The Indian Contract Act, 1872 — 182-188

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.