The Arbitrability of Everything: Analysing the Indian Supreme Court’s decision in Vidya Drolia
-
-
C. Vijayvergia
-
-
N.D. Mahadeva
Published 19 October 2021
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 non-arbitrability, a court may also do so while acting as an appointing authority, while ascertaining the validity of the arbitration agreement. This article analyses the impact of this decision on arbitration in India, both in terms of the immediate and future application of the fourfold test, and the newfound power of courts to scrutinize arbitration agreements while acting as an appointing authority.
To read this article you need to be a subscriber
Subscribe
Fill in the registration form and answer a few simple questions to receive a quote.
Subscribe now
Suggested Citation
C. Vijayvergia; N.D. Mahadeva (2021, forthcoming) "The Arbitrability of Everything: Analysing the Indian Supreme Court’s decision in Vidya Drolia"
(TDM, ISSN 1875-4120) October 2021, www.transnational-dispute-management.com
Other recently published material:
Summary of Young-OGEMID Hot Topic Discussion No. 2: "Empirical Study - Provisional Measures in Investor-State Arbitration" (February 2023)
24 August 2023
Counterclaims based on Corporate Climate Change Responsibility: Challenges and Prospects
22 August 2023
Simplifying the Pathway to 2030: The Need for More, not Less, Protection for Climate Change-Related investment
21 August 2023
Politics of Investment Protection: Is the Trend of Adopting Environmental Protection Clauses Bringing any Balance?
17 August 2023
How Are Investment Tribunals Going to Interpret 'Environmental Provisions' under New Generation Investment Agreements? - Mapping the Changes in Recent Treaties from 2016 to 2021
16 August 2023
Complete listing of Advance publication.