Contours of Arbitrability in India: Navigating the Grey Areas of Fraud, Intellectual Property, and Employment Disputes

Dr. Eti Gupta

Contours of Arbitrability in India: Navigating the Grey Areas of Fraud, Intellectual Property, and Employment Disputes

Author(s)	Dr. Eti Gupta
Country	India
Abstract	The concept of arbitrability lies at the heart of modern dispute resolution, determining which disputes are capable of being settled through arbitration and which remain within the exclusive jurisdiction of courts. In India, the contours of arbitrability remain a contested terrain, particularly concerning issues of fraud, intellectual property (IP), and employment disputes—often referred to as the “grey zones” of arbitrability. This article undertakes a critical examination of these grey areas through a doctrinal and comparative lens. Beginning with an overview of the evolution of arbitrability under the Arbitration and Conciliation Act, 1996, it explores the judicial interpretation of party autonomy and its limitations when disputes involve allegations of fraud that strike at the root of contractual relations. It then analyses how intellectual property disputes challenge the conventional public-private divide, given their overlap with statutory rights and public interest considerations. The section on employment disputes focuses on structural power imbalances and legislative constraints that hinder arbitration in employment contexts, particularly where statutory labour protections apply. Further, by drawing from foreign jurisprudence and comparative frameworks—such as the approaches of the United States, United Kingdom, and Singapore—the article highlights lessons that can guide Indian arbitration jurisprudence toward greater clarity and uniformity. The concluding sections propose institutional and structural reforms aimed at harmonizing Indian arbitral practice with international standards, emphasizing the need for a nuanced balance between contractual freedom, public policy, and access to justice. Ultimately, the article underscores that resolving these grey zones is critical to advancing India’s credibility as a global arbitration hub.
Keywords	Arbitrability, Employment Disputes, Fraud, Intellectual Property, Party Autonomy.
Published In	Volume 16, Issue 10, Array 2025
Published On	2025-10-08
Cite This	Contours of Arbitrability in India: Navigating the Grey Areas of Fraud, Intellectual Property, and Employment Disputes - Dr. Eti Gupta - IJTAS Volume 16, Issue 10, Array 2025.

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Contours of Arbitrability in India: Navigating the Grey Areas of Fraud, Intellectual Property, and Employment Disputes

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