SC concerned over drafting of arbitration clauses, says process misused

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SC concerned over drafting of arbitration clauses, says process misused - Business Standard

Quick Summary:

The Supreme Court on Thursday expressed concern over drafting of arbitration clauses in commercial agreements and said the arbitration process was being misused to complicate and prolong matters.

A bench of Justices Surya Kant and N Kotiswar Singh raised "serious concerns" over the manner in which ambiguity was embedded into such agreements and instructed courts to show an "unwavering tendency" towards rejecting shoddily drafted clauses at the very threshold.

Despite arbitration being introduced as a means of ensuring speedy and effective dispute resolution, it is evident and ironic that, in certain cases, the process has been misused to further complicate and prolong the resolution of disputes," it said.