IS ARBITRABILITY OF A DISPUTE A PRE-CONDITION FOR AN ORDER UNDER SECTION 11 OF THE ACT?

Author – ANANYA TRIPATHI, Student at CHRIST DEEMED TO BE UNIVERSITY, BENGALURU

Best Citation – ANANYA TRIPATHI, IS ARBITRABILITY OF A DISPUTE A PRE-CONDITION FOR AN ORDER UNDER SECTION 11 OF THE ACT?, ILE Consumer Protection Law and Review, 1 (1) of 2023, Pg. 57-56, ISBN – 978-81-961120-4-2.

ABSTRACT

Arbitration is the only way out to pendency of litigation in India. This out of court settlement procedure is speedy, cheap and desirable. But all disputes can’t be sent for arbitration.   Arbitrability of a dispute is always questionable. The whole success of Arbitration Act is dependent on functionality of the arbitral award. And here, the role of section 11 of the Act becomes prominent. This article seeks to interpret and define section 11 of the Act and prove how arbitrability of a dispute is a pre-condition substantiated by various judgements.