File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India


The term arbitrability is basically classification of disputes into ones which may be resolved by arbitration and ones which belong exclusively to the realm of courts.

Existence of a dispute may not be sufficient for settlement by arbitration; it must also be a dispute that, in the words of the New York Convention, is capable of settlement by arbitration. Certain national laws may treat certain disputes as being more suitable for determination by their own public courts of law, rather than by a private arbitral tribunal. For instance, a dispute over matrimonial status may be regarded by the national law of a particular state as not being 'capable' of settlement by arbitration although it would be more accurate to say that it is not permissible to settle the dispute by arbitration.

The concept of arbitrability was first addressed by the Hon'ble Supreme Court in Booz Allen v. SBI Home Finance Limited[1] where the Court laid down the �Test of arbitrability� and held disputes concerning rights in personam to be amenable to arbitration; and rights in rem to be adjudicated by courts and public tribunals.

Actions in person am refer to actions determining the rights and interests of the parties themselves in the subject matter of the case, whereas actions in rem refer to actions determining the title to property and the rights of the parties, not merely among themselves but also against all persons at any time claiming an interest in that property.

Therefore, every civil or commercial dispute, either contractual or non-contractual, which can be decided by a court, is in principle capable of being adjudicated and resolved by arbitration unless the jurisdiction of arbitral tribunals is excluded either expressly or by necessary implication.

Categories of dispute for which questions of arbitrability arise and that are categorized as �non-arbitrable� include (but not limited to):
  • Antitrust and competition laws
  • Bribery and corruption
  • Corporate governance disputes
  • Fraud & other criminal offences
  • Insolvency & winding up
  • Matrimonial disputes and Guardianship matters
  • Natural resources
  • Patents, trademarks, and copyright
  • Securities transactions
  • Tenancy disputes
  • Trust Deed and the Trust Act matters

While matters like criminal offences and matrimonial disputes may not be subject matter of resolution by arbitration, it has, however, been held that if in respect of facts relating to a criminal matter, for instance a physical injury, if there is a right to damages for personal injury, then such a dispute can be referred to arbitration.[2] Similarly, a husband and wife may, refer to arbitration the terms on which they shall separate, because they can make a valid agreement between themselves on that matter.

In broad terms most commercial disputes are now arbitrable under the laws of most countries and issues of public consequences are not.

  1. Booz Allen and Hamilaton v. SBI Home Finance Limited and others (2011) 5 SCC 532
  2. Keir v. Leeman (1846) 9 Q.B, 371

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly