Abstract

Indian case laws have been historically inconsistent when addressing the non-arbitrability of different subjects. As such, the Supreme Court of India in the case of Vidya Drolia and Ors v Durga Trading Corporation took the opportunity to bring finality to the issue of how to determine non-arbitrability and who is empowered to make that determination. The Court expanded on several standards applied by the Supreme Court over the years and laid down a comprehensive fourfold test of non-arbitrability. It also determined that while arbitral tribunals should ideally decide ...