Pathological Arbitration Clauses and Indian Courts

Pathological arbitration clauses have often been focal points of disputes between contracting parties. When tribunals or courts are required to interpret them, diverse views often arise. This article looks at various instances of pathological arbitration clauses and the various canons of interpretation used by Indian courts to resolve such pathologies. The author highlights the need for interpreting such clauses on the same footing as ordinary contractual terms, as arbitration is no longer an exception to the jurisdiction of courts but a parallel and welcome means of dispute resolution.