India—A non-signatory to arbitration agreement has no legal right to remain present in arbitration proceedings (Re Kamal Gupta)
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Published on: 03 September 2025
Published by a LexisNexis Arbitration expert
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Arbitration analysis: A non-signatory to an arbitration agreement will have no right to participate when the proceedings are not in relation to rights or properties affecting him, and the award does not have any binding effect in relation to his rights. Allowing a non-signatory to remain present will result in a breach of party autonomy and the confidentiality of arbitration proceedings. A non-signatory to the arbitration agreement cannot invoke the inherent powers of the court under general procedural law to claim a right to remain present in the arbitration proceedings. The Indian Arbitration Act is a self-contained code regulating every aspect of its proceedings, and if it does not provide for something implicitly, then it excludes it explicitly. Written by Dipen Shah, senior arbitration and construction counsel, solicitor England and Wales, India.