Arbitrability of Commercial Disputes in India: What Can and Cannot Go to Arbitration

Arbitrability means whether a dispute can be resolved by arbitration which depends on its subject matter and the relevant law. The Arbitration and Conciliation Act, 1996 does not itself expressly list which disputes cannot be arbitrated. Instead, Indian courts have developed this understanding through various judgments. This paper examines the concept of arbitrability with a specific focus on commercial disputes in India. It traces the evolution of the arbitrability doctrine through key Supreme Court rulings such as Booz Allen & Hamilton and Vidya Drolia. The paper systematically examines commercial disputes that are arbitrable and contrasts them with those are that are incapable of being resolved through arbitration. By exploring both statutory provisions and judicial decisions, this study shows how Indian arbitration law seeks to balance party autonomy with necessary legal limits, ensuring that commercial dispute resolution also serves the broader public interest.