•  •  Dark Mode

Your Interests & Preferences

I am a...

law firm lawyer
in-house company lawyer
litigation lawyer
law student
aspiring student
other

Website Look & Feel

 •  •  Dark Mode
Blog Layout

Save preferences
An estimated 0-minute read
 Email  Facebook  Tweet  Linked-in
In a relatively recent decision in Pricol Ltd. v. Johnson Controls Enterprises Ltd. & Ors. [Arbitration Case (Civil No. 30 of 2014) dated 16 December 2014], the Supreme Court of India addressed a pathological arbitration clause and referred the parties to arbitration by virtually re-drafting the clause. Although the parties agreed in their arbitration clause for arbitration under the Singapore Chamber of Commerce, the Singapore Chamber of Commerce was not an arbitral institution having Rules for appointment of arbitrators. The Supreme Court held that the most reasonable construction of the said clause was that the reference was actually to the Singapore International Arbitration Centre. This decision reflects a pro-arbitration approach that has been the feature of arbitration in India since 2012.

A short paper of this blawgger evaluates this decision.

Original author: Badrinath Srinivasan

Click to show 5 comments
at your own risk
(alt+c)
By reading the comments you agree that they are the (often anonymous) personal views and opinions of readers, which may be biased and unreliable, and for which Legally India therefore has no liability. If you believe a comment is inappropriate, please click 'Report to LI' below the comment and we will review it as soon as practicable.