The Supreme Court of India has ruled that an arbitration clause using the word ‘can’ does not necessitate the mandatory reference of disputes to arbitration. A bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh held that such phrasing indicates a future possibility of arbitration rather than a binding obligation, leaving recourse to other
Arbitration Clause Using the Word ‘Can’ Does Not Constitute a Binding Agreement: Supreme Court
