ABSTRACT
In today’s dynamic and fast-changing legal and business world, arbitration is no longer just a standard part of contracts rather it is now being used as a real tool to deal with disputes in much smarter, faster, and more flexible ways. The assignment of an arbitration clause is a complicated legal issue that balances contractual principles with the autonomy of dispute resolution mechanisms. Arbitration agreements, often treated as independent from the main contract, raise crucial questions about their transferability and enforceability when assigned to third parties. This article signifies and explores the Indian legal framework governing arbitration agreements further it discusses the international scenario. It examines judicial interpretations, legislative provisions, and the impact of doctrines such as separability and incorporation. While some jurisdictions favor an automatic transfer approach, others emphasize clear and explicit consent to ensure party autonomy. This article focuses on the significant judicial precedents that have molded arbitration assignment laws and signifies areas that require clarity. We have emphasized and analyzed thoroughly the intersection of contract law and Arbitration principles, the article underscores the need for a balanced approach that ensures both contractual efficiency and fairness to instrumentalizing arbitration and dispute resolution.
Sharma, Raghav and Sharma, Ananya, Contracts, Consent and Control: How Arbitration is being used in the Changing World (April 24, 2025).
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