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Share This - x The Supreme Court held that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. "Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals", the bench headed by Justice Rohinton Fali Nariman observed. The bench was considering the question whether two companies incorporated in India can choose a forum for arbitration outside India in the case PASL Wind Solutions Private Limited Vs. GE Power Conversion India...

Synopsis Arbitration is business and contract agonistic and the benefits of having one in our contracts can be immense. iStock Arbitration clause is easy to follow and a fast track optional substitute to the court system. A business contract is the foundation of a commercial relationship and also sets the guiding principles for operations. Yet, commercial relationships often run into choppy waters. In recent times, Alternate Dispute Resolution (ADR) mechanisms have found favour in the commercial-legal ecosystem to adjudicate on grievances in commercial relationships. Arbitration has emerged ...

Care needed with arbitration clauses The London Maritime Arbitrators Association has warned brokers of the pitfalls of using hybrid arbitration clauses and listed the three key ingredients that must be included in any arbitration clause. Speaking as part of the joint Baltic Exchange and Institute of Chartered Shipbrokers’ Webinar Series, Daniella Horton, LMAA honorary secretary, and Bruce Harris, president of LMAA, shared their insights of today’s arbitration sector. Mr Harris introduced the webinar by outlining the continuing dominance of London in the arbitration field, which he attribu...

Advertisement Court Rejects Bid to Move BIPA Case to Binding Arbitration, Declining to Enforce Arbitration Clause in Terms of Service Tuesday, January 12, 2021 Sosa v. Onfido, Inc., 2021 U.S. Dist. LEXIS 658 (N.D. Ill.), a judge in the Northern District of Illinois refused to motion to compel arbitration for litigation brought under BIPA, finding that the arbitration agreement did not cover the defendant.  Read on below. The plaintiff in  Sosa had an account with Offerup, Inc., a marketplace where people buy and sell goods online.  According to the pleadings, OfferUp partnered w...