Tag: Party Autonomy
Clipping the clause
To what extent does party autonomy hold sway over contracts that involve exceptional or prohibited clauses?
India to be an outlier in dispute resolution
Delhi High Court granted an anti-arbitration injunction in a Singapore-seated ICC dispute, questioning judicial limits in international arbitration
Foreign arbitration must be independent but fair
Indian courts balance party autonomy and judicial oversight in anti-arbitration injunctions
Exclusive jurisdiction clause prevails over arbitrator’s choice
Delhi High Court ruled that an exclusive jurisdiction clause overrides an arbitrator’s procedural order changing the seat without mutual consent
Powering arbitration with consent
Courts are favouring arbitration where all parties agree, even non-signatories to a contract
Cross-border medical products dispute ruling
Supreme Court clarifies arbitration jurisdiction in Disortho v Meril Life, ruling that Indian law governs the arbitration agreement despite a foreign venue
