Agreement to Arbitrate

Author: Harsh Khanchandani*    Jurisdiction:  India United Kingdom Canada United States Australia Topics: Agreement to Arbitrate Enforcement of Arbitration Agreement Existence and Validity of Agreement to Arbitrate Commercial Disputes Introduction The basis of arbitration is party consent. But whether parties have in fact agreed to arbitrate is often much more […]

One Word, Two Worlds: What “Can” really means in Permissive ...

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Author: Mohit Mishra*, Bhavik Kaushik* Jurisdiction: India Topics: Agreement to Arbitrate Defects and Invalidity Court Decisions   Introduction “It is high time that arbitration clauses are phrased with precision and not couched in ambiguous phraseology… legal fraternity must refrain from practices resulting in a criminal wastage of judicial time.” — […]

India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure

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Authors: Ketan Gaur*, Neil Chatterjee**, Nidhisha Garg*** Jurisdiction: India Topics: Agreement to Arbitrate Formal Requirements Incorporation by Reference   In a bid to promote the resolution of disputes through arbitration, there has been a push towards the incorporation of arbitration agreements in contracts executed between public-sector undertakings and private parties. […]

To Incorporate or Not? Arbitration Clauses in Indian Government and ...

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