Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Non-Response To Demands Invalidates Invocation of Mutual Negotiations Clause in Arbitration Agreements: Jammu & Kashmir High Court
The Jammu & Kashmir High Court ruled that non-response to demands invalidates invoking the mutual negotiations clause in arbitration agreements. The case emphasized that arbitration clauses requiring mutual negotiations before arbitration can proceed are only enforceable if parties genuinely attempt negotiations. The court found that mere issuance of a legal notice without response doesn't satisfy the requirement of mutual negotiations. This decision clarifies the procedural prerequisites for invoking arbitration clauses under Indian law.