The Supreme Court (“SC”), in M. Hemalatha Devi and Ors. v. B. Udayasri, (2024) 4 SCC 255, has once again expounded that consumer disputes are non-arbitrable, must be abstained from reaching private fora and that a reference for arbitration can only be made when consumer accedes to the same. Moving away from the conventional forums, arbitration has garnered much attention for being an expedient mode of dispute resolution between parties. Yet, the judiciary has been very vocal to prohibit certain matters from realm of arbitration since dispute is of such nature that “it should never be sent near an arbitration table”.
