Guest (n/a) 22 February 2009

What kind of matters cannot be referred for arbitration?

Reply Follow

7 Replies

AEJAZ AHMED (Legal Consultant/Lawyer) 22 February 2009

DEAR MRINALINI,

What kind of matters cannot be referred for arbitration?

As per general practice, matters involving moral questions or questions of public law cannot be resolved by arbitration. For instance, the following matters are not referred to arbitration:

Matrimonial matters, like divorce or maintenance;

Insolvency matters, like declaring a person as an insolvent;

Criminal offences;

Dissolution or winding up of a company.

PALNITKAR V.V. (Lawyer) 22 February 2009

Thanks Mr. Aejaz.

Arbind Kumar (Job) 23 February 2009

useful informations given by Ahmed Sir

thnx

Arbind

Rajneesh Malhotra (Advocate) 25 March 2009

To think it in a different manner>>

Only CONTRACTUAL disputes can be referred to an Arbitrator.

jayaveladvocate (Lawyer) 02 September 2009

I take an exception from my Ld. friends view that the maintenance of the spouse can not form a subject matter of arbitration. Law journals are rife with such judgements, further the Matrimonial laws also recognize the agreements in the matter of maintenace.

Vigneswaran (Lawyer) 31 October 2009

Any contract or deed or agreement which is in writing and has an arbitration clause can be referred to Arbitration.

Smita_L01042008 (student) 04 January 2010

dear Mr. Rajneeen Malhotra,

kindly suggest any case law where in it has been held that dispute arising out of contract can be subject tp arbitration only in case there is arbitration clause.

thnks and regards