Pre-Arb Step(s) Cannot Be Treated As Mandatory If Could Not Be Fructified: Rajasthan High Court

The Rajasthan High Court ruled that failure to exhaust pre-arbitration mechanisms, such as negotiation or conciliation, does not invalidate the initiation of arbitration proceedings. The court emphasized that the arbitration clause should be interpreted broadly, supporting the view that such procedural failures do not bar arbitration. This decision clarifies the relationship between pre-arbitration procedures and the right to arbitrate, ensuring that parties are not unduly restricted from seeking arbitration due to technicalities. The judgment reinforces the arbitration process as a flexible and accessible dispute resolution mechanism.