Drafting an arbitration clause or drafting a complete arbitration agreement is similar to drafting any other agreement i.e., it involves review and analysis of all different facts and permutation and combination to achieve the object of the parties. A sample arbitration clause may not be sufficient or effective to capture the intentions of the parties.... Continue Reading →
- First Published on Mondaq.com Introduction Alternate Dispute Resolution has been the most sought-after means for resolving disputes, especially in a world of transactions. Modern-day arbitration agreements have seen a great influx of parties incorporating provisions that require them to take certain steps before resorting to the adjudicatory process of Arbitration. Such clauses often described... Continue Reading →
Avoid using vague terms such as ’amicable negotiations, ‘best undertakings’ or ‘good faith’. The interpretation of these terms during the disagreement period could be manipulated.
The high fee charged largely by ex-judge arbitrators has brought disrepute to the entire arbitration biome in India and led to the repulsion of arbitration in India as being a more favourable jurisdiction.
The Court held that appointment of an arbitral tribunal can either be with consent or parties or by an order of the court, there can be no third way.
The conundrum around arbitrability of disputes was first settled by the Supreme Court in Booz Allen and Hamilton v. SBI Home Finance Limited and Others[2] (“Booz Allen”), where the court laid down the ‘test of arbitrability’ and categorized arbitrability into two segments, namely (i) rights in personam (right against specific individuals) to be amenable to arbitration; and (ii) rights in rem (rights against world at large)...
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