INTRODUCTION
Alternate Dispute Resolution has been the most sought-after
means for resolving disputes, especially in a world of
transactions. Modern-day arbitration agreements have seen a great
influx of parties incorporating provisions that require them to
take certain steps before resorting to the adjudicatory process of
Arbitration. Such clauses often described as
"multi-tiered" clauses, set out a sequence for invoking
the arbitration agreement. Typically, pre-arbitration steps include
procedures such as time-bound mediations, amicable settlements,
cooling-off periods, and other forms of non-binding
determinations.
Nonetheless, despite being a recurrent feature in dispute
resolution clauses, the legality of pre-arbitration procedures in
India is unclear and an overview of the judgments shows that the
courts have often rendered conflicting decisions. Broadly, the
courts have taken two views. A majority of the courts have given
effect to the plain meaning of
