Tag: Arbitration agreement
Arbitration v litigation in commercial dispute resolution
Dispute resolution unlocked: Finding your business’ perfect fit
Permissive clause ‘may’ not be binding
The Supreme Court held that a clause using permissive language like “may” does not form a binding arbitration agreement under section 7
Consider enforceability in drafting cross-border arbitration contracts
Cross-border disputes show how the choice of law, seat, and institutional rules in arbitration can determine enforceability
Criminal proceedings do not render disputes non-arbitrable
Delhi High Court upheld arbitral autonomy, ruling fraud or PMLA proceedings do not automatically halt arbitration
Powering arbitration with consent
Courts are favouring arbitration where all parties agree, even non-signatories to a contract
Knowing is half the battle
China-UAE trade growth drives unique arbitration challenges for Chinese companies
Judicial intervention in arbitration finally settled. Again
In SBI General Insurance Co Ltd v Krish Spinning, the Supreme Court defined the limits of judicial intervention when courts appoint arbitrators under the Arbitration and Conciliation Act, 1996.
Arbitration clause needed in newer contracts
Delhi High Court has held that where there are two contracts and the parties in both agreements are not identical
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No flaws allowed
While stock exchanges lower barriers to atrract emerging sector issuers, regulators focus on accountability of listco and intermediaries at the top corporate level
