In Brief
A family arrangement dispute involving three business groups (AMP, JRS, and SRG) concerning the settlement and restructuring of co-owned entities was submitted to arbitration. The SRG Group, a non-signatory to the agreement, contested joinder in the arbitration. The Supreme Court held that while the referral court must prima facie examine whether an arbitration agreement exists, determining whether a non-signatory consented to be bound through conduct and participation in the underlying contract involves complex factual questions best decided by the arbitral tribunal itself. The Court appointed an arbitrator and clarified that all parties' rights and objections remain open for the tribunal's adjudication.
The lawyer headnote and full judgment text are available to registered users.