Abstract

Arbitration clause is the essence of any arbitration agreement, as it provides for the arrangement and the process for conducting arbitration, sometimes arbitration clauses might confer more power to one of the parties to the agreement, in terms of appointment of arbitrator, initiating arbitration, choosing the seat or the venue for the arbitration, etc. Thus, it is important to decide, whether such clauses are valid or not. Ergo, this article aims at providing a clarity regarding the validity of such “Unilateral Arbitration Clauses” in the Indian legal system. The author will additionally be analysing the judgements of various High Courts and shall be discussing its relevance in the status quo.

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