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Mere Use of the Word ‘Arbitration’ Does Not Create an Arbitration Agreement Unless Parties Clearly Intend To
Legal Insight: A clear intention is essential for forming an arbitration agreement, as highlighted by adrEdge, emphasizing that merely using the term 'arbitration' isn't sufficient. Introduction Arbitration, as a mechanism of alternate dispute resolution, derives its strength solely from the consent and intention of the contracting parties. The recent Supreme Court judgment in M/s Alchemist Hospitals Ltd. v. M/s ICT Health Technology Services India Pvt. Ltd. (decided on 6
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