Certain Categories Of Disputes To Be Non-Arbitrable

The Arbitral Tribunal is a private forum chosen by the parties to the dispute to get their civil or commercial disputes adjudicated. Every civil and commercial dispute is capable of being adjudicated by arbitration unless the jurisdiction of Arbitral Tribunal is barred. The Arbitration and Conciliation Act, 1996 (as amended) ("the Act") do not specifically exclude category of civil or commercial disputes from arbitrability.

Section 8 of the Act mandates that where an action is brought before a Judicial Authority in a matter, which is the subject of an arbitration agreement, the parties shall be referred by it to arbitration subject to exception given in Section 8 of the Act. Section 8 of the Act casts obligation on the Judicial Authority to refer to arbitration in terms of Arbitration Agreement. Evidently, the Act does not exclude the category of disputes which are to be treated as non-arbitrable. However, the courts in certain category of disputes refuse to refer the