Does A Valid Arbitration Agreement Exclude The Jurisdiction Of The Competition Commission Of India?

Arbitration has become an immensely popular method of alternative dispute resolution in India. The fact that almost every contract nowadays has an arbitration clause is testament to the popularity of arbitration. Section 28 of the Indian Contract Act, 1872 gives parties a right to enter into contracts for arbitration (to the exclusion of the jurisdiction of the courts) and accordingly, parties can decide to refer their disputes to arbitration rather than initiate court proceedings. The process of arbitration in India is regulated by the Arbitration and Conciliation Act, 1996 (hereinafter, "the Arbitration Act"). Section 5 of the Arbitration Act lays down the principle of minimal judicial intervention and states that a judicial authority cannot interfere in any manner with the arbitration proceedings other than under the Arbitration Act. The Competition Act, 2002 (hereinafter, "the Competition Act") was enacted with the purpose of preventing anti-competitive practices