Courts have held that certain kinds of disputes may not be capable of adjudication through the means of arbitration. Certain disputes like criminal offences of a public nature, disputes arising out of illegal agreements and disputes relating to status, such as divorce, cannot be referred to arbitration. Following categories of disputes are generally treated as non-arbitrable:
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- patent, trademarks and copyright;
- anti-trust/competition laws;
- insolvency/winding up;
- bribery/corruption;
- fraud;
- criminal matters.
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Fraud is one such category spelled out by the decisions of this Court where disputes would be considered as non-arbitrable.
IDRC e-Arbitration
Business Friendly
Helps the parties resolve disputes without sacrificing the business relationship
Cost-efficient
By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on litigation
Enforceable
The arbitral award is enforceable as a decree
Fast
A IDRC e-Arbitration is completed within prescribed time.
Paperless
The entire arbitration process is completed without a piece of paper being used.
IDRC e-Mediation
Business Friendly
Helps the parties resolve disputes without sacrificing the business relationship
Cost-efficient
By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on dispute resolution
Fast
A IDRC e-Mediation is usually completed within a prescribed time.
Flexible
The parties are actively in control of the dispute resolution process.
Paperless
The entire mediation process is completed without a piece of paper being used.
