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Supreme Court: Clause Saying ‘Can Be Settled By Arbitration’ Does Not Mandate Arbitration - (20 Apr 2026)

ARBITRATION

Supreme Court held that an arbitration clause using the word “can” does not create a binding arbitration agreement. It dismissed an appeal against a Bombay High Court ruling, which found Clause 25 of a Bill of Lading invalid as it lacked mandatory intent to arbitrate disputes.

Tags : CLAUSE   ARBITRATION   MANDATE  

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