From Exclusion to Inclusion: Reassessing Arbitrability of Fraud, IP, and Employment Matters in India

Arbitration By 0

India’s approach to arbitration is becoming more flexible and practical. Disputes involving fraud, intellectual property, and employment are no longer automatically excluded from arbitration. Instead, courts now examine whether the dispute concerns private contractual rights between parties or broader statutory rights that affect the public at large. This approach strengthens party autonomy while ensuring that matters of public interest remain protected. Overall, it shows India’s growing alignment with global pro-arbitration practices, even though some legal uncertainties still remain.