Whether a Matter can be referred for Arbitration in the Absence of Arbitration Clause or Agreement?

Authors – Mr. Tariq Khan & Ms. Ruhi Thakkar*

INTRODUCTION

Arbitration has a similar structure to that of litigation but the fundamental difference between arbitration and litigation lies in the fact that the former owes its existence to an arbitration clause or an arbitration agreement. An arbitration agreement is the written agreement between the parties, to submit their existing, or future disputes or differences, to arbitration, Mahanagar Telephone Nigam Ltd vs. Canara Bank.........

Publication date and year: 15th July 2021

DOI Link:

Preferred Citation: Khan&Thakkar, Whether a Matter can be referred for Arbitration in the Absence of an Arbitration Clause or Agreement., Vol. I-II, 131-140(2021).

Whether a Matter can be referred for Arbitration in the Absence of an Arbitration Clause o

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* This Case Commentary is authored by Mr. Tariq Khan, Principal Associate at Advani & Co. and Ms. Ruhi Thakkar, final-year student at Adv. Balasaheb Apte College of Law, Mumbai