Arbitration Agreement’s Illegible Print Not Automatically Invalid As Unfair

The California Supreme Court held in Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) that small or blurry print in an arbitration agreement does not automatically invalidate the agreement as unconscionable.

Instead, the Court clarified that “illegibility” may create procedural unconscionability – i.e., unfairness in the way the agreement was presented to an employee – but a court must still also find substantive unconscionability – i.e., one-sided, unfair terms – to invalidate the agreement on the […]

By | Mar 16, 2026 ||

Can Indian Courts Nullify Arbitration During Insolvency?

In a significant judgment, the Supreme Court of India in Ankhim Holdings Pvt. Ltd. & Anr. v. Zaveri Construction Pvt. Ltd.1 clarified an important procedural question that sits at the intersection of arbitration law and insolvency proceedings: Can a court, while appointing a substitute arbitrator, invalidate arbitral proceedings conducted during an IBC moratorium?

The Supreme Court’s answer was unequivocal: No.

The ruling strengthens India’s pro-arbitration framework, reinforces the principle of minimal judicial interference, and provides crucial certainty for businesses and […]

By | Mar 14, 2026 ||

Key Developments In International Arbitration For 2026

Here is a list of what to expect and watch out for in international arbitration during 2026:

Legislative developments

The English Arbitration Act 2025 entered into force on 1 August 2025. The provisions apply to arbitrations and arbitration-related court proceedings starting on or after that date. The law made small but important changes to the Arbitration Act 1996, including enhancing arbitrator immunity and clarifying that where the arbitration agreement is silent as to governing law, it will be […]

By | Mar 12, 2026 ||