Consent & The Doctrine of “Group of Companies

To read the article on Legal500, click here Contentious (/kənˈtenʃəs/) “likely to cause people to disagree” as defined in Oxford Learner’s Dictionary is the perfect representation for the concept of “Group of Companies” in arbitration, in various jurisdictions around the world. Its inception can be attributed to the provisional ruling in the notable case of Dow Chemical v. Isover Saint Gobain[1] (“Dow Chemical”), which was decided by the International Chamber of Commerce (ICC) Tribunal in Paris, wherein it was held that “the arbitration clause expressly accepted by certain of the companies of the group should bind the other companies which, by virtue of their...

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