Practice

Arbitrability: What Disputes Can Actually Be Arbitrated?

Not everything with a contract behind it can go to arbitration — a category of disputes is reserved for the courts regardless of what the clause says.

Published
28 Sep 2026
Read time
1 min read
Seat
Chennai

Indian courts have consistently held that disputes affecting rights in rem — enforceable against the world at large, such as matters of title, criminal offences, insolvency proceedings, and certain matrimonial and guardianship matters — are not arbitrable, even where the parties' contract contains an arbitration clause covering "all disputes."

Disputes that are purely in personam — affecting only the rights of the specific parties to the contract, such as most contractual, commercial and monetary claims — are generally arbitrable.

The boundary is not always obvious at drafting stage: a contract dispute can sometimes touch on a non-arbitrable question in passing. Where a dispute has both arbitrable and non-arbitrable elements, tribunals and courts generally separate them, deciding what can be arbitrated while leaving the rest to the appropriate forum.

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