Ms Khushbu Singh

Khushbu Singh

Updates

Arbitration & ADR

Conundrum of accord and satisfaction when appointing arbitral tribunals
India | 14 January 2021

There are several ways in which parties can discharge their contractual obligations – for example, the doctrine of accord and satisfaction. The jurisprudence surrounding this doctrine encompasses contract law, tort law and, more recently, arbitration law, bringing to the fore the issues of whether an arbitration clause in an original contract survives in the substituted settlement and whether an arbitrable dispute exists for the purposes of the appointment of an arbitrator by the courts.