The Supreme Court in Booze Allen v. SBI Home (2011) 5 SCC 532, enumerated that the disputes which are action in rem cannot be arbitrated whereas the action in personam can only be arbitrated. The following categories of disputes were identified by the Supreme Court as non-arbitrable:
- Disputes on criminal offence
- Matrimonial disputes
- Guardianship disputes
- Insolvency and winding up disputes
- Testamentary matters
- Eviction and tenancy matters
- Suit for enforcement of mortgage by sale of property
Prior to Booze Allen, the Supreme Court in N. Radhakrishnan v. Maestro Engineers (2010) 1 SCC 72 held that serious allegation of fraud cannot be arbitrated and can be settled only in Court of law. The position was reiterated in A. Ayyasamy v. A. Paramasivam (2016) 10 SCC 386. Thereafter, in Shri Vimal Kishor Shah & Ors. v. Mr. Jayesh Dinesh Shah & Ors. 2016 (8) SCALE 116, the Supreme Court added one more category to the list enumerated in Booze Allen, that disputes relating to Trust cannot be arbitrated.