Supreme Court of India: An Arbitration Agreement Entered Into By An Unauthorised Employee Of An Affiliate Will Not Bind Non-Signatory Affiliates Within A Group Of Corporate Entities

In a recent case of Reckitt Benckiser (India) Private Limited v. Reynders Label Printing India Private Limited and Anr decided on 1 July, 2019, the Supreme Court of India while deciding an application to appoint an arbitrator under Sections 11(5), 11(9) and 11(12)(a) of the Arbitration and Conciliation Act, 1996 of India (‘Act‘), inter-alia held that pre-agreement…