Saturday, November 15, 2008

ARBITRATION CLAUSE NEED NOT BE EXPLICIT, SAYS SC

Supreme Court in the case of Unnissi (I) Ltd. vs PGI has ruled that even if one party has not signed a formal agreement, threre could be a consensus on arbitration by implication. It asserted that no agreement was executed and there was no arbitration clause. On appeal, the Supreme Court ruled that there was an arbitration clause in the tender document itself. Since the document was accepted by
PGI, there was an arbitration clause.

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