e judgment in Chloro Controls India Pvt. Limited v. Seven Trent Water Purification Inc is erroneous to the extent it held that 'non-signatories' can be roped in by invoking the phrase "parties claiming through or under" as the said phrase is used to bind successors-in-interest of party in a derivative capacity.
The conduct of non-signatories could be an indicator of their consent to be bound by the arbitration agreement.
Requirement of a written arbitration agreement does not mean that non-signatories will not be bound by it, provided there is a defined legal relationship between the signatories and the non-signatories and that the parties intended to be bound by it by the act of conduct
The signature of party in agreement is the most profound expression of consent of person to submit to jurisdiction. However, the corollary that persons who have not signed aren't part of agreement may not always be corre
The definition of parties under Section 2(1)(h) read with Section 7 of the Arbitration and Conciliation Act 1996 includes both signatory and non-signatory parties
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