The foundation of arbitration rests on a simple yet profound principle: no consent, no arbitration. This indispensable element came under scrutiny in the landmark case of Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.1. In this case, the Supreme Court of India held that courts cannot send parties to arbitration under Section 89 of the Civil Procedure Code, 19082 (CPC) in the absence of the parties’ express consent. This judgment emphasises how consent is not just a procedural requirement but the bedrock of arbitration itself. In the absence of consent, the very premise of arbitration collapses, turning it into an involuntary imposition rather than a chosen remedy. The question that arises here is how to determine whether there is consent between the parties to resolve disputes through arbitration.