
Permissive or Binding? Supreme Court Settles the “Can” vs. “Must” Debate in Arbitration Clauses
Can vs Must in Arbitration Clauses is a decisive issue in Indian contract drafting because the exact words used in an arbitration agreement determine whether arbitration is binding or optional. A recent Supreme Court judgment on arbitration, Nagreeka Indcon Products Pvt. Ltd. v. Cargocare Logistics (India) Pvt. Ltd., 2026 INSC 384,


















