Delhi High Court Re-Affirms Discretion Of Arbitral Tribunal To Implead 'Non-Signatory' As 'Necessary Party' In Arbitration Proceedings
The Delhi High Court bench of Justice Subramonium Prasad has reaffirmed that an Arbitral Tribunal has the authority to implead non-signatories to an arbitration, provided they are deemed 'necessary parties' to the proceedings.
The court was hearing an application u/s. 11(6) of the Arbitration and Conciliation Act for the appointment of Arbitrator to adjudicate disputes arising under a Standard Transportation agreement and Customs Clearing Agent agreement. The petitioner had impleaded Respondent no.2, a non-signatory to the agreements.
The court permitted the Petitioner to delete Respondent No. 2 from the array of parties with the liberty to move an application under Order I Rule 10 of the CPC before the Arbitrator, seeking impleadment of Respondent No.2 as a 'necessary party'. The court appointed an Arbitrator.
Case Title: Dixon Technologies (India) Limited vs. M/s Jaiico & Anr.
Citation: 2025 LiveLaw (Del) 194
Case Number: ARB.P. 224/2025
For Petitioner: Mr. Tushar Kumar, Mr. Ishan Sehgal, Ms. Varnika Bajaj, Mr. Junaid Qureshi, Ms. Sonal Gupta, Advs.
For Respondents: Ms. Pallavi Singhal, Mr. Vibhu Nandan and Mr. Divyansh Singh, Advocates for R-2.
Date of Order: 06.02.2025