Page 5 - Arbitration Clause News Today

Nominal Index [Citation 1 – 313]World Phone Internet Services Pvt. Ltd. v. One OTT Intertainment Ltd. In Centre 2023 LiveLaw (Bom) 1Lt. Col. Prasad Purohit v. National Investigation Agency 2023...

The bipartisan Protecting Older Americans Act of 2023 would prohibit forced arbitration for age discrimination claims in the workplace.

The High Court of Delhi has held that an arbitration clause contained in an agreement would perish with its novation if the novated agreement does not contain any arbitration clause. The bench of...

Citations 2023 LiveLaw (Del) 452 to 2023 LiveLaw (Del) 489NOMINAL INDEXNajmus Sehar vs M/s Bombay Marcantile Coop Bank & Ors. 2023 LiveLaw (Del) 452Shivalaya Construction Co. Pvt Ltd. v. National...

The Delhi High Court has ruled that the expression “any member” contained in a clause that lays down a mandatory qualification to be appointed as arbitrator, cannot be read as “all members” of the...

The Ninth Circuit recently issued an opinion that could shape how companies draft and revise two oft-encountered types of contracts: terms of service agreements ("TOS") and arbitration clauses.

In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet in order to establish that an agreement to arbitrate exists, such that a stay of a court proceeding should be granted and the dispute referred to arbitration under Section 9 of Ontarios International Commercial Arbitration Act. The Court found that the applicable standard of ...

The Delhi High Court has ruled where the Arbitration Agreement unambiguously provides that in case the stipulated person cannot act as an Arbitrator, the dispute is not to be referred to Arbitration...

The position on whether the presence of an arbitration clause in a contract ousts the jurisdiction of the Court in Nigeria is controversial. Although the court is under obligation to respect and enforce the agreement of parties to a contract, this cannot automatically deprive a party of the Constitutionally guaranteed right of access to the…

Leaving such issue to be decided by arbitral tribunal violates Section 11(6A) of Arbitration Act.