August 31, 2021 | New Delhi
“Our Partners, Tejas Karia and Rishab Gupta along with Charlie Caher and Steven Finizio, Partners, WilmerHale, spoke at a session on “Third Parties in International Arbitration” , moderated by our Counsel, Kartikey Mahajan, and Shanelle Irani, Associate, WilmerHale. The discussion revolved around various aspects concerning third parties in international arbitration such as the approaches and law applicable to the binding of non-signatories to an arbitration agreement – focusing in particular on the ‘group of companies’ doctrine. They also discussed the scope and effect of joinder and consolidation as effective procedural tools under institutional rules and SIAC’s proposal on cross-institutional consolidation. They also provided a comparative analysis of the statutory provisions in various countries like India, UK and US that can compel third parties to produce evidence or witness testimony before an arbitral tribunal. Over the course of the session, the panellists shared their diverse experiences across various jurisdictions and indicated that third parties are increasingly becoming important for cross border arbitrations.”
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