Arbitration section8 defines in the case of Mr. Gajendra Mishra v. Pokhrama Foundation.

Generally, a party may not insist on fulfilling pre-arbitral steps after terminating the contract, as those steps are typically tied to the contract’s ongoing obligations. Once a contract is terminated, the parties are generally relieved of their obligations under it, including any pre-arbitral procedures specified for dispute resolution.

However, this can depend on the specific terms of the contract and the nature of the termination. If the contract explicitly states that certain procedures must be followed even after termination, or if the termination itself is contested, a party might argue for the necessity of those steps. Courts may also consider the context and reasons for termination, potentially allowing for pre-arbitral steps if they serve a legitimate purpose in resolving outstanding issues.

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