Do arbitration clauses in ‘T&C’ linked to digital contracts bind parties? Indian court responds to the issue

It is a common commercial belief that to be bound by an arbitration clause in a contract, the contract must bear the arbitration clause in its body, or specifically incorporate the arbitration clause from another contract by reference. However, in an era of digital contracts, where parties readily sign digital contracts with hyperlinked 'Terms & Conditions' ('T&C') that are not borne in the body of the contract, parties may find themselves in legal battles on whether or not they are bound by an arbitration clause contained in the T&C.

Read the full article "Do arbitration clauses in 'T&C' linked to digital contracts bind parties? Indian court responds to the issue authored by Partner Kshama Loya and Associate Oindrila Mukherjee published by Lexology.