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Arbitration agreement analysis

A Contemporary Analysis of Arbitration Agreements and Arbitration Clauses in India (2024–2025 Judicial Trends) Abstract Arbitration has emerged as the preferred mode of dispute resolution in commercial transactions in India. The Arbitration and Conciliation Act, 1996 (as amended) seeks to minimise judicial intervention and uphold party autonomy. However, disputes frequently arise regarding the existence, validity, scope, and survival of arbitration clauses. Recent judicial pronouncements (2024–2025) have clarified crucial aspects such as what constitutes an arbitration agreement, who decides arbitrability, the effect of deletion or frustration of contracts, and limits on court interference under Sections 8 and 11. This paper critically analyses these developments and their implications on arbitration jurisprudence in India. 1. Introduction An arbitration agreement is the foundation of arbitral jurisdiction. Courts have repeatedly emphasised that arbitration is a creature of consent, no...