Supreme Court validates two-tier arbitration process

By Vivek Vashi and Utkarsh Srivastava, Bharucha & Partners
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A three-judge bench of the Supreme Court has upheld the validity of a two-tier arbitration procedure in India. This issue was referred to a larger bench owing to a split decision of a two-judge bench.

In the case of Centrotrade Minerals & Metal Inc v Hindustan Copper Ltd, the parties to the dispute had agree to the following clause:

Vivek Vashi, Mainstay of the litigation team, Bharucha_&_Partners
Vivek Vashi
Mainstay of the litigation team
Bharucha_&_Partners

Arbitration – All disputes or differences whatsoever arising between the parties … shall be settled by arbitration in India through the arbitration panel of the Indian Council of Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration.

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Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Utkarsh Srivastava is an associate.

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