Which matters can be referred to arbitration?
Which matters can 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.
Does arbitration apply to criminal cases?
Although, historically, arbitration has been sporadically used in criminal matters, 34 it is clear today that an arbitrator has the power to look into matters falling outside its primary, civil jurisdiction so as to draw the civil consequences of a rule of criminal law in a business dispute.
Which cases Cannot be referred to arbitration?
The well recognized examples of non-arbitrable disputes are : (i) disputes relating to rights and liabilities which give rise to or arise out of criminal offences; (ii) matrimonial disputes relating to divorce, judicial separation, restitution of conjugal rights, child custody; (iii) guardianship matters; (iv) …
What kinds of disputes may be subject to arbitration?
Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions.
What is arbitration and its advantages?
Arbitration can provide better quality justice than many courts of the country as they already overloaded with cases. Arbitration in international disputes also provide better quality decision as compared to domestic courts. Arbitration as compared to litigation is less time consuming as well as less expensive.
What Cannot be arbitrated?
Some types of cases can not be arbitrated. Most matters that involve family law, immigration law or criminal law cannot be arbitrated, because the parties cannot enter into an agreement on those matters without restriction.
What matters 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.
Are there any disputes beyond the jurisdiction of Arbitration?
DISPUTES BEYOND JURISDICTION OF ARBITRATION ¾ In any case dispute involving criminal offences are fully beyond jurisdiction of arbitration. ¾ Even in case of civil rights following matter cannot be referred to arbitration: (a) Matrimonial matters and matters connected with conjugal rights.
What does it mean to have an arbitration agreement?
“…arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.”
Can a criminal case put a stop to arbitration?
The Supreme Court has ruled that a criminal case against one of the contracting parties cannot stall arbitration. “The balance of convenience is more in favour of permitting arbitration proceedings to continue rather than to bring it to a grinding halt,” the court stated in its judgment, Swiss Timings Ltd vs Organising Committee, CWG.
Can a civil case be referred to arbitration in India?
According to the Indian Council of Arbitration, all disputes which can be decided by a civil court, involving private rights, can be referred to arbitration. However, it also states that there are certain matters which, as a general practice, are not referred for arbitration.