Startupwala moved the High Court under Section 9 of the Arbitration and Conciliation Act, 1996 seeking a direction to Google India to maintain status quo by reinstating all digital ads of the company which were disapproved/marked as `Limited’ in December 2023 and January 2024.
It also sought to restrain Google from disapproving any remaining ads which were marked as ‘Limited by Policy’.
The petitioner said that since August, 2023 some of the advertisements released by Startupwala were being disapproved by the Google advertisement program upon giving reference to a policy called ‘Government Documents and Official Services’.
The Court was told that Clause 13 of the Advertisement Terms provides for an arbitration clause which states that the disputes between parties would be resolved by arbitration which will be conducted in Santa Clara County, California, USA.
Startupwala contended that this was a standard arbitration clause in the Advertisement Terms which precludes them from exercising their legal remedies effectively.
Source: Barandbench
