Use of Expression “Can” in Arbitration Clause Indicates Mere Possibility, Not Binding Agreement to Arbitrate: Supreme Court
“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”
