Intent of parties must guide interpretation of vague Arbitration clause: SC

Meera Emmanuel September 15 2018

The intention of parties to settle disputes by arbitration must be prioritised when the relevant contract clause does not provide for arbitration as the only option. The Supreme Court yesterday had occasion to endorse this principle while disposing of a petition brought by a Chinese company against an Indian one.

Both parties were engaged in the elevator manufacturing industry. The Chinese company, Zhejiang Bonly Elevator Guide Rail Manufacture Co. Ltd. ('Zhejiang') had filed an arbitration petition under Section 11(5) of the Arbitration and Conciliation Act, 1996. The petition . . .

This content is restricted to subscribers