& Ors. [Arbitration Case (Civil No. 30 of 2014) dated 16 December 2014], the Supreme Court of India addressed a pathological arbitration clause and referred the parties to arbitration by virtually re-drafting the clause. Although the parties agreed in their arbitration clause for arbitration ...
Are arbitration clauses considered separable from the main contract? + Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicab...
While the government is the most prolific litigant in India, it can do more in this capacity to encourage institutional arbitration. The general conditions of contract used by the government and public sector undertakings often contain arbitration clauses, but these clauses...
International Commercial Arbitration, including standard arbitration clauses, Major Arbitration Rules, Laws, and Institutes including, ICC, AAA, London Court of Arbitration, Stockholm Chamber of Arbitration, American Arbitration Association, Indian Counc
Arbitration clauses in consumer contracts have recently become a flashpoint in legal debates, especially in California. A major development in this ongoing issue came with the California Supreme Court’s ruling in Berman v. Freedom Financial Network, 13 Cal. 5th 763 (Cal. 2024) (“Berman“), ...
Global Legal Insights to International Arbitration 2023: Singapore Singapore Court of Appeal establishes approach for determining arbitrability of dispute at pre-award stage Launch of litigation-mediation-litigation protocol and SICC model jurisdiction clause for international arbitration matters ...
Even if parties choose ad hoc arbitration, the arbitration clause must still be drafted properly. There are clear dangers if the arbitration clause is not properly drafted. At the worst, the clause makes the award unenforceable, or the clause may be rendered null and void[11]. ...
Recourse to arbitration is on decline over the years. Now every cautious advocate takes care to omit the arbitration clause whenever he is consulted for settling the draft of any agreement, deed or settlement. Over the years, arbitration has proved to be a bobby trap for unwary litigants on ...
· In view of the above, the NCDRC held that even prior to the amendment in the Arbitration Act, the Supreme Court had resolved and settled that the consumer forums were not bound to refer disputes to arbitration under Section 8 of the Arbitration Act and that an arbitration clause in a ...
Are arbitration clauses considered separable from the main contract? + Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicab...