"Arbitrability": The Indian Spectrum
Article from: TDM 2 (2018), in India
Introduction
Arbitration is a preferred means of dispute resolution with a view to avoid the rigours and delays of the civil courts. As a means of alternate dispute resolution, arbitration in the Indian legislative context is governed by the Arbitration & Conciliation Act, 1996 (the Act). Today, most contracts include arbitration agreements. Accordingly, the question of the 'arbitrability' of a dispute has gained significance and has found itself to be the subject of much interpretation. The 'arbitrability' of a dispute essentially refers to the ability of such dispute to be resolved by recourse to a ...