https://www.taxtmi.com/caselaws?id=367194 A dispute resolution clause requiring consultation first, and then allowing recourse either to arbitration or to court, was read as preserving arbitration as an available post-consultation option. The decisive factor was the parties' intention as disclosed by the clause; because arbitration was not excluded and had been invoked, the existence of an arbitral forum could not be denied merely because litigation was also mentioned. The request for constitution of the tribunal was therefore maintainable, and a sole arbitrator was appointed. en-us Fri, 14 Sep 2018 00:00:00 +0530 Mon, 17 Sep 2018 07:39:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=367194 A dispute resolution clause requiring consultation first, and then allowing recourse either to arbitration or to court, was read as preserving arbitration as an available post-consultation option. The decisive factor was the parties' intention as disclosed by the clause; because arbitration was not excluded and had been invoked, the existence of an arbitral forum could not be denied merely because litigation was also mentioned. The request for constitution of the tribunal was therefore maintainable, and a sole arbitrator was appointed. Case-Laws Indian Laws Fri, 14 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=367194