Defective Arbitration Clauses: An Overview

Indian Institute of Quantity Surveyors Annual Insight 2015, p. 52-53

7 Pages Posted: 25 Sep 2015

Date Written: July 5, 2015

Abstract

This paper deals with the various types of defective arbitration clauses and analyses how courts have dealt with such clauses. Although the exercise of drafting arbitration seems straightforward, the history of arbitration has exposed the folly of humankind in failing to learn lessons from the past. Numerous cases are reported every year relating to defective arbitration clauses. The paper explores methods to avoid defects in arbitration clauses.

Keywords: Quantity Surveying, Arbitration Agreement, Arbitration Clauses, Pathological Arbitration Clauses, Defective Arbitration Clauses, Pathological Arbitration Agreements, Defective Arbitration Agreements,

JEL Classification: K10, K30, K33, K41

Suggested Citation

Srinivasan, Badrinath, Defective Arbitration Clauses: An Overview (July 5, 2015). Indian Institute of Quantity Surveyors Annual Insight 2015, p. 52-53, Available at SSRN: https://ssrn.com/abstract=2664882

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