1
(“
Vidya Drolia”) has made an attempt
to clear the decade-old uncertainty on this issue and has proposed
a four-fold test to determine the question of arbitrability in
India along with an interpretative guide for forums adjudicating
this issue.
This article briefly discusses the position of law prior to the
judgment in
Vidya Drolia and then goes on to discuss the
key findings of the Supreme Court in
Vidya Drolia and the
application of the test and guidance to forums.
Arbitrability under Indian Law: The Pre-Vidya Drolia Era
The Supreme Court's 2011 judgment in
Booz Allen and
Hamilton Inc v.
SBI Home Finance Ltd. &