E-Arbitration and Evidentiary Rigor: Judicial Scrutiny of Digital Consent Formation post Belvedere
In an era where contractual agreements are increasingly executed through digital means, Belvedere v. OCL represents seminal development in Indian arbitration jurisprudence, establishing that correspondence conducted via WhatsApp and email may validly constitute a binding arbitration agreement. This note examines the Delhi High Court’s expansive interpretation of Section 7(4)(b) of the Arbitration and Conciliation Act and critiques its silence on evidentiary rigour under Section 65B of the Evidence Act. It further interrogates the denial of interim relief under Section 9 and the Court’s fidelity to jurisdictional discipline. This piece probes how digital informality collides with legal formality in arbitration’s evolving jurisprudence.