Determining the Arbitrability of Intra-Corporate Disputes in India: Private Justice is Justice After All
Article from: TDM 2 (2018), in India
The determination of arbitrability of intra-corporate disputes has been a debatable question in certain jurisdictions, considering the application of public policy considerations. The domestic pronouncements on arbitrability have generally been pro-arbitration, but the approach towards determining arbitrability of disputes still eludes uniformity in India. The primary concern that arbitrability invokes in arbitration disputes is the public policy concerns that are highly subjective and attenuated to the understanding of public policy in different jurisdictions. The arbitrability, ...