Revisiting The Public Arbitrability of Private Family Disputes: The Good, The Bad, And The Ugly

Dalmia, Anshul (2026) Revisiting The Public Arbitrability of Private Family Disputes: The Good, The Bad, And The Ugly. The CADR Blog. Centre for Alternative Dispute Resolution, RGNUL, Punjab, India. Available at: https://www.rgnulcadr.in/post/revisting-the-public...

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Abstract

Disputes concerning the consequences of a relationship breakdown have always been considered personal private matters which prevent the State from legitimately interfering either in the process or place of dispute-resolution. The only ground through which the State could intervene with the substantive outcome was that there are exceptional cases wherein the parties are vulnerable and warrant protection. In this piece, the author argues that opting for arbitration as an alternative is not an autonomous choice in the first place. Moreover, he contends that arbitration is not a purely private arrangement and hence, autonomy need not be vehemently emphasised. Lastly, he argues that the objective of autonomy vis-à-vis dispute-resolution can be achieved through several other ways apart from non-intervention.

Item Type: Other Article
Uncontrolled Keywords: Arbitration Law | Family Law | Alternative Dispute Resolution (ADR) | Family Dispute Resolution
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Depositing User: Mr. Syed Anas Ali
Date Deposited: 03 Sep 2026 04:50
Last Modified: 03 Sep 2026 04:50
Official URL: https://www.rgnulcadr.in/post/revisting-the-public...
URI: https://pure.jgu.edu.in/id/eprint/12417

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