‘Finality of Decision and Non – Arbitrability’ Clause In GCC Does Not Imply an Arbitration Agreement: Bombay HC [Read Order]

The HC observed that a clause in a contract does not show that the parties intended to have their disputes resolved through Arbitration merely because a particular decision is made final and binding by that clause
'Finality - Decision - Non - Arbitrability' Clause - GCC - Imply an Arbitration Agreement - Bombay HC - taxscan

The Bombay High Court has held that the ‘Finality of Decision and Non – Arbitrability’ clause in the General Conditions of Contract (“GCC”) does not imply an arbitration agreement. Kalpataru Projects International Ltd, the applicant filed this Application under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 (“the said Act”). The…

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