What Types Of Disputes Can Be Resolved By Arbitration?

Arbitration can be voluntary or mandatory (required by law).

However, the courts in certain categories of disputes refuse to refer the parties to arbitration under “Section 8” of The Arbitration and Conciliation Act, 1996.

Some of the categories of disputes which are generally considered as non-arbitrable disputes are as follows:-

• Disputes relating to rights and liabilities which give rise to or arise out of criminal offenses;
• Matrimonial disputes relating to divorce, judicial separation, restitution of conjugal rights, child custody;
• Matters related to the eviction of tenants where tenant enjoys statutory protection against eviction by special statutes;
• Patent, trade-marks, and copyright;
• Anti-trust/competition laws.

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