Defining Arbitrability: Key Indian Judicial Shifts
Introduction Arbitration, a private and efficient alternative to traditional litigation, stands on the foundational pillars of contract creation, party autonomy, and consensus ad idem. Yet, the very essence of its utility—its scope—has historically been shrouded in ambiguity. The question of “arbitrability”—whether a specific dispute can be resolved through arbitration—has been a persistent challenge, with limited statutory guidance in both international […]
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