WHETHER A MATTER CAN BE REFERRED FOR ARBITRATION IN THE ABSENCE OF AN ARBITRATION CLAUSE OR AGREEMENT?

WHETHER A MATTER CAN BE REFERRED FOR ARBITRATION IN THE ABSENCE OF AN ARBITRATION CLAUSE OR AGREEMENT?

WHETHER A MATTER CAN BE REFERRED FOR ARBITRATION IN THE ABSENCE OF AN ARBITRATION CLAUSE OR AGREEMENT?

AUTHOR – ARGHYA SEN, STUDENT AT AMITY UNIVERSITY, KOLKATA

BEST CITATION – ARGHYA SEN, WHETHER A MATTER CAN BE REFERRED FOR ARBITRATION IN THE ABSENCE OF AN ARBITRATION CLAUSE OR AGREEMENT?, ILE WEEKLY REVIEW (ILE WR), 1 (1) OF 2023, PG. 8-14, APIS – 3920 – 0037 | ISBN – 978-81-964391-3-2.

ABSTRACT

In a country like India where “Our legal system has a reputation for being expensive and for being prone to delays”[1] and our courts are overburdened inadequate infrastructure, thus constantly suggesting arbitration, in fact “Indian courts are known for their pro-arbitration stance”. But Indian citizens, corporates, companies are still reluctant to include Arbitration clause in their principal or standalone agreement due lack of clarity or middle ground. .So, as said many of the legal contracts in India lacks arbitration clause due to various reasons thus the question in hand is whether a Matter Can be Referred for Arbitration in the Absence of an Arbitration Clause or Agreement? And to find the answer for the same the researcher will look in various provisions, legal theories as well as judgements (both national and international) along with precedents developed over time.

Keywords: Arbitration, Absence of an Arbitration Clause, Indian legal space, pro-arbitration stance, Novation

[1] India’s legal system ‘expensive’, ‘prone to delays’: President Kovind (2018) The Indian Express. Available at: https://indianexpress.com/article/india/indias-legal-system-expensive-prone-to-delays-president-ram-nath-kovind-5101493/.

V1I12FDownload

Download Full Article