Assignment of arbitration clause

Arbitration Agreement, Assignment, Assignment of arbitration clause, India

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Under the Indian Contract Act 1872 (“ICA”), an arbitration agreement is a distinct and separate contract. Like all other contracts, it can be transferred by way of assignment to third parties under Section 37 of the ICA. The Supreme Court of India in Khardah Company Ltd vs Raymon & Co. (India) Private Ltd has held…

Arbitration clause, Assignment of arbitration clause, Bulgaria, International arbitration, International Commercial Arbitration

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The assignment of contractual rights is a common business practice. An important question concerning the assignment of rights under a contract is the fate of the arbitration agreement related to those rights and whether it is transferred automatically to the assignee so that such arbitration agreement becomes effective and binding in the relationship between the…