Debdatta Mukhopadhyay, KIIT Law School (Bhubaneswar, India)
ABSTRACT
Arbitrability of Disputes under the Arbitration and Conciliation Act, 1996 has evolved through a long road of several Judicial Interpretations. Arbitration, a form of Alternative Dispute Resolution, though seems like a myth now is the most preferred go-to mode of Dispute Resolution considering the hectic process of litigation. Insolvency matters as a matter of fact has significantly increased with the emergence of more and more Corporates. However, Insolvency and Arbitration work on polar extreme approached while the former is proceedings in rem the latter being in personam. The Law on whether Insolvency disputes are arbitrable have also been subject to various Judicial precedents. This accompanying Paper seems to analyse this point of Law in light of the recent Supreme Court Judgement in Indus Biotech.
Keywords: Arbitrability, Alternative, Insolvency, Rem, Precedents
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