FIRST EDITION OF THE CADR WEBINAR SERIES
Webinar On:
Group of Companies Doctrine : Cross Border Perspectives
About the Webinar
In regard to the issue of third parties and non-signatories, the global arbitration community has not been able to reach a consensus on how to balance sacrosanct principles of consent and separate legal personality with requirements of efficiency in dispute resolution.
Taking cognizance of the lack of global consensus on the group of companies doctrine in arbitration , the Indian judiciary recently made an effort to revisit it in its December 2023 judgment of Cox & Kings v SAP, where five judges of the Supreme Court gave a verdict in favour of the doctrine.
How do we perceive this stance of the Indian Supreme Court? Considering the lack of global consensus on the doctrine, can the above stance be considered a pro-arbitration one? Does it not undercut the ‘Harmonisation Objective’ of UNCITRAL and the global arbitration community? Should it provide an important thrust to the global community to make a shift towards this doctrine?
The Webinar on Group of Companies Doctrine: Cross-Border Perspectives, organised by the Centre for Alternative Dispute Resolution (CADR) at the National Law University, Delhi, proved to be yet another resounding success.
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The webinar delved into the intricate nuances of the Group of Companies Doctrine from the perspectives of different jurisdictions. The engaging and thought-provoking discussions brought forth many ideas, igniting intellectual discourse on the subject matter. The event’s success was underlined by the registration of over 300 participants, reflecting a significant level of interest and enthusiasm.
Panelists
01.
Aditya Singh,
Partner at White & Case, Singapore
02.
Divyakant Lahoti, Advocate on Record at the Supreme Court of India
03.
Philippe Kuhn, Barrister at 39 Essex Chambers, London
Moderated By
Prof (Dr) Nidhi Gupta,
Professor at National Law University, Delhi
04.
Laina Chan,
Barrister at 2 Selborne Chambers, Sydney
05.
Liz Mathew,
Senior Advocate at the Supreme Court of India
About the Panelists
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Aditya Singh - Aditya Singh is a partner at White & Case LLP, Singapore, who focused on international disputes and investigations. Aditya represents sovereign and corporate clients in international disputes across the world. He has appeared as an advocate in high-stakes commercial and investment treaty arbitrations under all major institutional arbitral rules (ICSID, ICC, SIAC, AAA/ICDR, LCIA), as well as in ad hoc proceedings (including UNCITRAL), subject to a variety of applicable laws. He also has extensive experience in multi-jurisdictional and arbitration-related litigation.
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Divyakant Lohti - Divyakant Lahoti is a third-generation lawyer, an Advocate on Record, with an LL.M. qualification in International Commercial Law earned at King's College London with Microsoft Scholarship. With exposure to a wide range of legal disputes, Divyakant is one of the leading Advocates on Record in the Supreme Court. Divyakant is also one of the leading Advocates in the field of Alternative Dispute Resolution, with a particular focus on Arbitration. He represented Cox and Kings in the recent judgment on the Group of Companies Doctrine delivered by a five-judge Constitution Bench of the Supreme Court of India.
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Laina Chan - Laina is a barrister and an appellate advocate with a significant appellate practice. She is recognised as the leading expert in Australia on the interplay between construction and insurance law and works on complex disputes with an emphasis on construction, property and insurance law. She specialises in professional indemnity claims, property law and complex commercial dispute resolution. She co-authored a book with JW Carter on “Contract and the Australian Consumer Law”, is a seminal work and examines how the Australian Consumer Law has modified the law of contract.
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Liz Mathew - Ms Liz Mathew Anthraper is a Senior Advocate and practices primarily in the Supreme Court of India.She started her career with the General Counsel of Reliance Industries. Subsequently, she joined the chambers of Ms Indu Malhotra, former Supreme Court judge and later, former Attorney General Mr K.K. Venugopal. She was the Standing Counsel for the State of Kerala in Supreme Court, and has also been appointed as amicus curiae by the Apex Court in various matters from time to time. She has experience in a wide variety of appellate work, with a special focus on commercial and corporate disputes, including arbitration, company and insolvency law, and other civil and criminal matters.
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Philippe Kuhn - Philippe has an international practice specialising in cross-border commercial and construction & energy disputes. He regularly appears as counsel in international commercial disputes in the Commercial Court and Chancery Division in London, international arbitration and offshore jurisdictions (including the BVI and Gibraltar). In particular, civil fraud, banking & financial services, energy, construction, award enforcement, jurisdiction, insolvency and company disputes. Philippe has substantial experience in International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC) and Hong Kong International Arbitration Centre (HKIAC) arbitration and award enforcement proceedings.
