Arbitration In IndiaIssues of misjoinder of parties and reference of arbitration clause fall under the purview of the Arbitral Tribunal

Bimla Devi Jaiswal v. Indus Towers Limited

Court – Calcutta High Court

Citation  – AP- 256 of 2021

Date – 30.06.2025

The Hon’ble Calcutta High Court has held that issues of misjoinder or non-joinder of parties and reference of arbitration clause in the subsequent agreement fall under the purview of the Arbitral Tribunal.

The Court held,

“23. Whether non-signatories to the principal agreement is bound by the terms and conditions of the principal agreement shall be finally decided by the learned arbitral tribunal, but this court, prima facie, finds that both the parties are intrinsically connected with the principal agreement and chose to abide by the terms and conditions, in their entirety. They have acted in furtherance of the said agreement. Whether the supplementary agreement incorporated the arbitration agreement by reference, is also a matter to be decided by the learned arbitrator especially in the facts and circumstances of the case which have been narrated hereinabove. The matter has to be decided on evidence and as per the applicable legal principles. The tribunal must decide the issue, upon an interpretation of the clauses of both the agreements and how the parties understood the same.”