Topic
arbitration clauses
2,403 published works
The Indian Lawyer Blog
SUPREME COURT CLARIFIES: WHEN USING THE TERM “ARBITRATION” IS NOT ENOUGH IN ALCHEMIST HOSPITALS VS ICT HEALTH
Introduction On 06.11.2025, the Apex Court n Alchemist Hospitals vs ICT Health Technology Services India Pvt Ltd., 2025 INSC 1289 reiterated that principle of arbitration law and examined whether a…
The Indian Lawyer Blog
WHEN A NOTICE SPEAKS LOUDER THAN A PETITION: RE-ANCHORING THE COMMENCEMENT OF ARBITRATION
INTRODUCTION The Supreme Court of India, in Regenta Hotels Private Limited v. M/s Hotel Grand Centre Point & Ors., 2026 INSC 32, Civil Appeal arising out of SLP (C) No.…
New York Commercial Division Practice
Absent a Final Arbitration Award, an Arbitration Clause Is Not a “Get Out of Court Free” Card under CPLR 3211
A recent decision from Monroe County Commercial Division Justice Daniel J. Doyle in Stuver v Greenlight Parent, L.P. demonstrates that arbitration clauses cannot be used as an automatic “get-out-of-court-free” card…
Dispute Resolution Blog
Does mere existence of an Arbitration Agreement Sink a Plaint under Order VII Rule 11(d) of the CPC?
By Vikash Kumar Jha, Namrata Sadhnani, Shriyadita Srivastava
Introduction The interplay between civil procedure and arbitration law often raises nuanced questions related to jurisdiction and maintainability. A recurring concern is the attempt to seek rejection of a plaint…
Connecticut Employment Law Blog
Court Says Delivery Drivers’ Corporate Contracts Still Count as Contracts of Employment Under FAA
The Second Circuit Court of Appeals recently clarified the transportation worker exemption under § 1 of the Federal Arbitration Act (FAA). The court addressed whether contracts signed by individual delivery…
Commercial Case Notes
Clickwrap Agreement on Defendant’s Website Does Not Control Over Dispute Resolution Terms of Parties’ Written Contract
By John Lundin
On December 2, 2025, Justice Bannon of the New York County issued a decision in Firmauto USA Inc. v. Walter Auto Loan Trust, 2025 NY Slip Op. 34670(U), holding that…
SCC Blog
Bombay High Court: Petition for substitution of ODR-appointed arbitrator misconceived; Parties directed to mediation before Court’s Mediation Centre
By Soumya Yadav
Bombay High Court: In an arbitration petition seeking substitution of an arbitrator appointed through an Online Dispute Resolution (‘ODR’) platform, a Single Judge Bench of Justice Somasekhar Sundaresan, J., upheld…
California Workplace Law Blog
California Supreme Court Cases Employers Should Watch in 2026
By Scott P. Jang, Angela S. Rho
Several employment-related cases are currently pending before the California Supreme Court, and their outcomes could have a significant impact on workplace policies and risk management for employers and HR professionals.…
SCC Blog
Re-Defining the Boundaries of Non-Signatory Participation in Arbitration
In the span of a year, the Supreme Court of India has delivered two decisions that significantly recalibrate the treatment of non-signatories in arbitration. Introduction In the span of a…
Dispute Resolution Blog
Law Governing the Arbitration Agreement Part II: India Aligns, UK Departs—Or Is It the Other Way Round?
Summary: India and the UK have taken opposite paths on determining the law governing arbitration agreements. India’s Supreme Court has embraced the three-stage Enka framework in Disortho S.A. v. Meril…