Trace Your Case

ISSUE:

Whether the absence of an express provision in the Arbitration and Conciliation Act, of 1996, has created uncertainty in identifying which conflicts can be brought to arbitration and which must be resolved in court?

Whether the Supreme Court's four-part test in the Vidya Drolia case gives a clear framework for establishing arbitrability in India, and how it differs from the earlier Booz-Allen Test?

RULE:

Disputes involving a "right in rem" (a person's right against the entire world) are often seen as non-arbitrable, but disputes involving a "right in personam" (rights against specific individuals, such as in a contract) are regarded as arbitrable.

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