Supreme Court of India

Cox and Kings Ltd. v. Sap India Pvt. Ltd. & Anr.

Neutral citation
Reported as [2023] 15 S.C.R. 621
Bench Dr Dhananjaya Y Chandrachud, Hrishikesh Roy, Pamidighantam Sri Narasimha, J B Pardiwala and Manoj Misra JJ.
Decided 6 December 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

Conclusions are as follows: I. An agreement to refer disputes to arbitration must be i n a written form, as against an oral agreement, but need not be signed by the parties.

Judgment, page 124

From the headnote

Issues for consideration: The primary issue for consideration of the present Constitution Bench of Five Judges was determination of the validity of th e ‘Group of companies doctrine’ in Indian arbitration jurisprudence and its applicability to proceedings under the Arbitration and Conciliation Act, 1996. Earlier, the Group of Companies doctrine had been adopted and applied in Indian arbitration jurisprudence in Chloro Controls case, where a three Judge Bench of the Supreme Court had read the said doctrine into the phrase “claiming through or under” in Section 45 of the Arbitration and

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