Analyzing the Arbitrability of Subject-Matter of Disputes in Arbitration

Publication Information

Journal Title: Commonwealth Law Review Journal
Author(s): Gururaj Devarhubli & Bushra Sarfaraj Patel
Published On: 07/06/2022
Volume: 8
First Page: 201
Last Page: 213
ISSN: 2581-3382
Publisher: The Law Brigade Publisher

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Gururaj Devarhubli & Bushra Sarfaraj Patel, Analyzing the Arbitrability of Subject-Matter of Disputes in Arbitration, Volume 8, Commonwealth Law Review Journal, 201-213, Published on 07/06/2022, Available at


In both domestic and international arbitration, the arbitrability of the subject matter is a primary consideration before the courts and arbitral tribunals. When a party submits a dispute for arbitration, their opponent may resist the arbitration proceedings on the grounds that the dispute is non-arbitrable according to the law of the State and should only be decided by the competent court. In such situations, the arbitrator or court must decide whether a particular claim or dispute is capable of settlement by arbitration under the applicable law. The issue of arbitrability differs between countries and may also change over time. In most countries, disputes or claims relating to commercial or contractual matters are arbitrable, whereas criminal, family, bankruptcy, and insolvency matters are not. In many countries, legislation and judicial decisions have narrowed the scope of non-arbitrability in order to encourage arbitration between parties.

Keywords: Arbitral Tribunal, Arbitrability, Public Policy, UNCITRAL Model Law, New York Convention

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