https://www.taxtmi.com/caselaws?id=770851 A contractual dispute resolution clause constitutes arbitration only if it shows a clear mutual intent to arbitrate and creates a binding adjudicatory process with neutrality, independence and party autonomy in appointing the decision-maker. A clause titled mediation, omitting any reference to arbitration or an arbitrator, referring disputes to a Commissioner or MCD officer, and leaving appointment under MCD control does not satisfy those requirements. Written submissions and document review alone, without the features of an adversarial hearing, evidence or cross-examination, are insufficient. Final and binding wording does not by itself convert such a clause into arbitration. en-us Thu, 15 May 2025 00:00:00 +0530 Sat, 17 May 2025 08:39:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=770851 A contractual dispute resolution clause constitutes arbitration only if it shows a clear mutual intent to arbitrate and creates a binding adjudicatory process with neutrality, independence and party autonomy in appointing the decision-maker. A clause titled mediation, omitting any reference to arbitration or an arbitrator, referring disputes to a Commissioner or MCD officer, and leaving appointment under MCD control does not satisfy those requirements. Written submissions and document review alone, without the features of an adversarial hearing, evidence or cross-examination, are insufficient. Final and binding wording does not by itself convert such a clause into arbitration. Case-Laws Indian Laws Thu, 15 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=770851