All matters in dispute which can be decided by a civil court may be referred to arbitration. Disputes relating to matters which are purely criminal in nature can not be referred to arbitration.
It is clear that any dispute mentioned in the agreement must be referred to the arbitration and any dispute of civil or commercial nature which is under consideration of the court can also be referred to the arbitration.
Generally, what types of matter may or may not be referred to the arbitration is discussed below separately:
Matters may be Referred to the Arbitration
- Matters of civil nature such as disputes concerning property, money or concerning the amount payable for breach of contract etc.
- Matters relating to personal rights between the parties, question of validity of marriage or maintenance payable to wife, terms of separation between husband and wife etc.
- Disputes as to dignity and respects or reputation.
- The matters relating to the operation of a private trust also is referred to arbitration.
- Disputes between insolvent and creditor.
- Other civil cases, which are out of jurisdiction of the court of law, may be referred to arbitration.
Matters may not be referred to the Arbitration
- Disputes relating to matrimonial relations such as a suit for divorce or for restitution of conjugal rights.
- Testamentary matters such as validity of a will of paper.
- Matters relating to public charities and charitable trust.
- Matters relating to insolvency to declare one as insolvent.
- Matters relating to guardianship of a minor and other disable person.
- Matters of criminal nature and disputes.
- Matters relating to dissolution or winding up of a company.
- Execution proceedings of cases.