Arbitration is a creature of contract. Generally disputes
relating to rights in personam are considered to be
arbitrable and disputes pertaining to right in rem are
non-arbitrable and are required to be adjudicated by a court of
law.
Some of the disputes that are considered to be non-arbitrable
are Matrimonial disputes, matters relating to Guardianship,
Testamentary matters, Insolvency matters, Criminal matters, matters
relating to Charities or Charitable Trusts and Winding up of a
company. This list is not exhaustive; however barring the above,
most of the other disputes can be referred to arbitration and
resolved through it.
Expanding Scope of Arbitration
Arbitration, as a mode of dispute resolution, is gaining
popularity and considering the huge pendency of cases in the courts
of law, the courts in India are leaning towards alternate dispute
resolution mechanisms like mediation, arbitration etc. The scope of
matters that can be referred to arbitration is
