Stay updated with breaking news from Arbitration Clause. Get real-time updates on events, politics, business, and more. Visit us for reliable news and exclusive interviews.
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 Ontario's International Commercial Arbitration Act. The Court found that the applicable standard of proof is that of arguable case, which is lower than the ordinary balance of probabilities standard,...
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.