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Seven non-arbitrable disputes

In Booz Allen & Hamilton Inc. vs. SBI Home Finance Ltd. & Ors. (2011) 5 SCC 532 the Supreme Court carved out six categories of cases which are not capable for being decided by private arbitration under the Arbitration Act even though parties agreed for their settlement through private arbitration.
(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 råights, child custody;
(iii) guardianship matters;
(iv) insolvency and winding up matters;
(v) testamentary matters (grant of probate, letters of administration and succession certificate); and (vi) eviction or tenancy matters governed by special statutes where the tenant enjoys statutory protection against eviction.

Supreme Court of India in Shri Vimal Kishor Shah Vs Jayesh Dinesh Shah & Ors has added one more category in the list (vii), namely, cases arising out of Trust Deed and the Trust Act,

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Author: A Pasayat
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