Deciphering Arbitrability of Disputes in Light of Recent Judicial Pronouncements

The conundrum around arbitrability of disputes was first settled by the Supreme Court in Booz Allen and Hamilton v. SBI Home Finance Limited and Others[2] (“Booz Allen”), where the court laid down the ‘test of arbitrability’ and categorized arbitrability into two segments, namely (i) rights in personam (right against specific individuals) to be amenable to arbitration; and (ii) rights in rem (rights against world at large)...

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