No Fees, No Arbitration: When Claimant Default Triggers Termination under Section 38(2) of The Arbitration and Conciliation Act, 1996
Arbitration, as an alternative dispute resolution mechanism, is fundamentally premised on party autonomy coupled with procedural efficiency. However, such autonomy is not unqualified and is subject to statutory obligations, particularly those concerning the payment of arbitral costs. One of the most critical provisions governing this aspect is Section 38 of the Arbitration and Conciliation Act,…