Law Notes by Akhil

Ø Disputes that cannot be resolved through Arbitration The Arbitral Tribunal may be a private forum exclusively chosen by the parties to the dispute to urge their civil or commercial disputes to get adjudicated. Every civil and commercial dispute can be adjudicated by arbitration unless the jurisdiction of the Arbitral Tribunal is barred from doing so. The Arbitration and Conciliation Act, 1996 does not explicitly exclude the category of civil or commercial disputes from arbitrability.  Section 8 of the Act casts an obligation on the Judicial Authority to ask for arbitration in terms of the Arbitration Agreement. The Act doesn't exclude the category of disputes which are to be treated as non-arbitrable. However, the courts in certain disputes refuse to refer the parties to arbitration under Section 8 of the Act. Under Indian law, the kinds of disputes that can't be resolved by arbitration include: •        Criminal offences. •   ...