‘Arbitrability’ refers to the question of whether a particular dispute can be settled through the methods od alternate dispute resolutions, particularly arbitration or not.
The Arbitration and Conciliation Act, 1996 does not specifically provide which cases are arbitrable and which cases are not. However, the Indian Judiciary has been given a wide range of powers to define arbitrability of a case, keeping in mind the circumstances of the case. While determining the arbitrability of a dispute, the courts will have to keep in mind the public policy doctrine i.e., the courts have to keep in mind that the approval for arbitration of a case, and the subsequent award should not be against public policy.
This paper shall discuss the concept of Arbitrability and deal with the jurisdiction of the Arbitral tribunal to try disputes in general as well as with respect to intellectual property rights, all in relation with public policies. The scope of arbitrability of disputes shall be analysed with the help of various judgments, particularly the landmark Booz Allen case. that established the test of 'right in rem' and 'right in personam' to determine the arbitrability of disputes and the Vidya Drolia case which gave a four-fold test to determine the arbitrability of disputes.
