Kabir Chaturvedi An agreement to negotiate is one of the pre-conditions to arbitration included in Multi-Tier Dispute Resolution clauses. If a clause employs imperative diction, pre-conditions to arbitration are to be mandatorily fulfilled before commencement of arbitration. However, in cases of non-fulfillment of agreements to negotiate, courts do not bar commencement of arbitration, despite imperative language. This blog examines decisions of courts and tribunals from sever

Anirudh Agarwal Introduction The Supreme Court, in the recent case of NAFED v. Alimenta ('NAFED') refused to enforce an arbitral award on the ground of it being violative of “public policy” exception. The judgment dealt with the enforcement of an award that was passed even before the enactment of the Arbitration and Conciliation Act, 1996 ('A&C Act'). The main issue before the court in the present case was the interpretation of the term “public policy” under the Foreign Award