Investment arbitration, hailed as a cornerstone of international trade and investment, finds itself embroiled in a critical debate regarding the interpretation and application of pre-conditions to arbitration. This article delves into the heart of this debate, analysing the lack of consensus within the jurisprudence and its implications for the legitimacy and effectiveness of the system.

Desire for affordable and quick justice is universal. Justice, a crucial aspect of any civilized society, intends to establish fairness, equity, and equal opportunities for all members or citizens. The Preamble of India reflects this goal with aspirations of “justice-social, economic, and political.” Article 39-A of the Constitution ensures equal access to justice. The administration

The rights to access justice and to have a fair trial are enshrined and safeguarded in various international human Rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR) the African Charter on Human and Peoples’ Rights, the Inter-American Convention on Human Rights and the European