The Pre-Arbitration Procedures - India- UK – Singapore Optional Vs Mandatory

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