Amendment Act, providing a forum of Arbitration Tribunal for
deciding arbitral disputes arisen or arising from contracts
as those of the petitioner, a controversy appears ... disputes not coming before them
at the instance of parties, is the point.
When awards are made in disputes between the parties by
the arbitrators
contentions. He submitted that the disputes
were arising out of a contractual relationship and therefore, the disputes
were arbitrable. He submitted that the respondent ... whether the subject
disputes fall within the scope of the arbitration clause. Second, whether
the disputes between the parties are not arbitrable as they involve
such a joint list of
disputes, does not form part of the disputes raised in
the pleadings before the Arbitral Tribunal.”
John J. Barcelo ... confined to specific
disputes. The issue of scope of arbitrator’s jurisdiction invariably
arises when the disputes that are arbitrable are enumerated or the
arbitration
have
held that certain disputes like criminal offences of a public nature,
disputes arising out of illegal agreements and disputes relating to status,
such ... arbitrable and cannot be decided by the Arbitral
Tribunal but by the Courts alone. The justification and rationale given
for adjudicating such disputes through
Bench of the National Consumer Disputes
Redressal Commission (hereinafter referred to as
“NCDRC”) holding consumer disputes to be non-
arbitrable. Prayer was also made ... also
jurisprudence relating to trusts, tenancy disputes,
industrial disputes, telecom disputes, intellectual
property disputes and other non-arbitral disputes.
Repeating the words of NCDRC
were this Court to regard
the disputes are being arbitrable in nature.
35. After judgement was reserved in the present case, the Supreme
Court rendered ... these details. There is a
difference between a non-arbitrable claim and non-arbitrable
subject-matter. Former may arise on account of scope
learned senior counsel, also contended that the
disputes were barred by limitation; that the disputes were not arbitrable;
and, the invocation was not in terms ... made there to
certain disputes like criminal
offences of a public nature,
disputes arising out of illegal
agreements and disputes relating to
status, such
disputes between parties shall be subject to exclusive
jurisdiction of New Delhi, India only.
26.4 Arbitration: Any and all disputes ("Disputes") arising ... clause in the petition, which specifically prays for
referring the disputes to the existing arbitral tribunal of Hon'ble
Mudgal, Sodhi and Saron
landlord-tenant
disputes covered under the Rent Control Act , matrimonial disputes
relating to divorce, etc. Such disputes are intrinsically non-arbitrable
and thus, cannot ... such disputes from arbitration. The guiding principle is that if
a civil court can decide the disputes in a trial, so can an arbitral
tribunal
relating to arbitrability of disputes and as such any attempt of
the petitioners to co-relate these disputes as arbitrable is ex facie an
ambitious ... such joint list of
disputes, does not form part of the disputes raised in the
pleadings before the Arbitral Tribunal.
18
35. The Arbitral Tribunals
