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…
When There Is Ambiguity In Arbitration Agreement, Business Efficacy Test Can Applied To Discern Intent Of Parties To Arbitrate: Bombay High Court
The Bombay High Court held that ambiguity in an agreement can be resolved by applying the "business efficacy test" to discern the parties' intent to arbitrate. This decision provides guidance on interpreting arbitration clauses in ambiguous contracts. It emphasizes the importance of giving effect to the parties' intentions whenever possible.