The Tug-of-War Between Technicality and Reality: Redefining the Commencement of Arbitration
Introduction How far can a court stretch the principle of ‘substance over form’ when it comes to the technicalities of arbitration law? Imagine a scenario where a business dispute is raging, with multiple court filings clearly indicating one party’s intent to take the matter to arbitration. Both sides have actively engaged with the dispute’s nature and the possibility of arbitration. […]
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