What is the power of the Court to refer a dispute to arbitration if there was no arbitration clause in the agreement or if the dispute is of such a nature that it is not arbitrable?

The Arbitral Tribunals are private fora chosen voluntarily by the parties to the dispute, to adjudicate their disputes in place of courts and tribunals which are public fora constituted under the laws of the country. Every civil or commercial dispute, either contractual or non-contractual, which can be decided by a court, is in principle capable of being adjudicated and resolved by arbitration unless the jurisdiction of the Arbitral Tribunals is excluded either expressly or by necessary implication

Category: Arbitration   Posted on: December 30, 2023