Supreme Court validates two-tier arbitration process

By Vivek Vashi and Utkarsh Srivastava, Bharucha & Partners
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2220
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A three-judge bench of the Supreme Court has upheld the validity of a two-tier arbitration procedure in India. This issue was referred to a larger bench owing to a split decision of a two-judge bench.

In the case of Centrotrade Minerals & Metal Inc v Hindustan Copper Ltd, the parties to the dispute had agree to the following clause:

Vivek Vashi, Mainstay of the litigation team, Bharucha_&_Partners
Vivek Vashi
Mainstay of the litigation team
Bharucha_&_Partners

Arbitration – All disputes or differences whatsoever arising between the parties … shall be settled by arbitration in India through the arbitration panel of the Indian Council of Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration.

Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Utkarsh Srivastava is an associate. 

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