Arbitrability Of Oppression And Mismanagement Disputes: The Indian Position

According to Lawrence Shore, "Internationally, arbitrability refers to whether specific classes of disputes are barred from arbitration either because of public policy or because they are outside the scope of the arbitration agreement ... arbitrability refers to whether the specific claims raised are of [a] subject matter capable of settlement by arbitration and are not subject to the exclusive jurisdiction of ... courts".¹

Arbitrability includes what types of questions can or cannot be brought to arbitration and whether specific forms of cases do not fall before the tribunal and are solely within the jurisdiction of state courts.² The Model Law includes no clause specifying which conflicts are arbitrable. Article 1(5)³ specifies that it is not meant to influence existing state laws that exclude certain conflicts from arbitration. Therefore, national lawmakers can determine which disputes are arbitrable and which are not arbitrable in the application of the model law.