Which matters are not referred to arbitration?

➢ Even in case of civil rights following matter cannot be referred to arbitration: (a) Matrimonial matters and matters connected with conjugal rights. (b) Industrial Disputes and Revenue matters (Income Tax & other Tax matters). (c) Testamentary matters under Succ3ession act. (d) Motor Vehicle Accident conversation.

What matters can and what matters can’t be referred to arbitration?

Generally, all disputes which can be decided by a civil court, involving private rights, can be referred to arbitration. Thus, disputes about property or money, or about the amount of damages payable for breach of contract etc., can be referred to arbitration.

What disputes Cannot be arbitrated?

Examples for matters which cannot be referred to arbitration are (i) family law matters such as divorce, patrimony or adoption, disputes concerning personal or marital status; and (ii) public law disputes such as criminal cases.

What type of disputes are not covered under arbitration in India?

Under Indian law, the kinds of disputes that can’t be resolved by arbitration include: Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions.

Can criminal matters be referred to arbitration?

Arbitration is usually regarded as a domain exclusively reserved for private law. Inevitably, however, certain criminal matters and allegations might creep into arbitral proceedings. The dispute itself could be fictitious, a screen for money laundering, or the underlying purpose of alleged consultancy might be bribery.

What type of cases comes under arbitration?

Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions.

Which of the matters can be adjudicated through arbitration?

As a rule, arbitral tribunals have been considered capable of adjudicating every civil or commercial dispute, which can be decided by a civil court, subject to: (i) the dispute being covered under the arbitration agreement; (ii) the party/ parties to the dispute referring the same to arbitration and (iii) the disputes …

Which matters are arbitrable?

The following are three facets of arbitrability, relating to jurisdiction of the arbitral tribunal: (i) whether the disputes are capable of adjudication and settlement by arbitration having regard to their nature; (ii) whether the disputes are covered by the arbitration agreement or fall under the ‘excepted matters’ …

Which disputes are arbitrable?

Landlord-tenant disputes to be decided as per the Transfer of Property Act, 1882, are arbitrable, as they pertain to subordinate rights in personam arising from rights in rem, which do not normally affect third party rights.

Which are not arbitration rights?

Criminal cases, the Court reiterated, are not arbitrable as they relate to sovereign functions of the state. Violations of criminal laws constitute offenses against the state and not just against the victim. Matrimonial disputes relating to the dissolution of marriage, restitution of conjugal rights etc.

What kind of disputes not be settled through ADR?

Cases which are related to serious and specific allegations of fraud, fabrication of documents, forgery, impersonation, coercion under the Indian Penal Code.

Why are criminal cases not open to arbitration?

A Criminal case cannot be submitted to Arbitration. This is so in view of the phrase “disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not” as embodied in Section 7 of the Arbitration and Conciliation Act, 1996 (‘the Act’).