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Supreme Court Denies Appointment of Arbitrator, Holds Clause with “May be Sought Through Arbitration” Not a Binding Arbitration Agreement, Emphasises Prima Facie Scrutiny of Arbitration Clauses to Weed Out Non-Existent Agreements, Clarifies Parties Cannot Unilaterally Invoke Arbitration Without Clear Contractual Consensus
Court’s Decision The Supreme Court dismissed the appeal challenging the High Court’s refusal to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The Court held…
