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Can complainant ask judge to refer civil dispute to arbitration


27-Jul-2025 (In Criminal Law)
Complainant had filed private complaint of defamation. Police investigation now conclude matter is civil dispute. Can complainant ask judge to refer the dispute to arbitration and can arbitrator arbitrate false complaint of defamation?
Answers (5)

Answer #1
681 votes
Yes, the complainant can ask to refer to arbitration. Even if he doesn't ask the court can itself send the case to arbitration. Yes, he can arbitrate a false complaint but you will have the opportunity to prove that it's false while arbitration is going on. If you have any questions feel free to contact me.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRato Delhi | 200+ Answers
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Answer #2
566 votes
A complaint of defamation, being a criminal offence under Sections 499 and 500 IPC, cannot be referred to arbitration, as arbitration only deals with civil and commercial disputes. If the police conclude it's a civil dispute, the complainant may explore civil remedies, but the criminal court will decide whether the ingredients of defamation are made out. An arbitrator has no jurisdiction to try criminal matters or false complaint issues.
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Advocate Adarsh Kumar

Adv. Adarsh Kumar

LawRatoDelhi | 400+ Answers
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Answer #3
802 votes
Prima facie disputes or allegations with regards to alleged defamation cannot be adjudicated by arbitral tribunal. Since it has been concluded to be a civil dispute matter Would be decided by civil court. For further advise do seek a detailed legal Consultation
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
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Answer #4
986 votes
Not at all possible to refer a criminal defamation complaint to arbitration. Since arbitration is majorly confined to civil dispute involving contractual or commercial rights. Further, the remedy lies in filing a civil suit for defamation before the jurisdictional court. Thanks
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Advocate Abhishek Yadav

Adv. Abhishek Yadav

LawRatoDelhi | 25+ Answers
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Answer #5
752 votes
If the police have found that the issue is a civil dispute and not criminal defamation, the court may reject the criminal complaint. Arbitration can only happen if both parties have agreed to it through an arbitration clause or agreement. If the complainant still wants to claim damages, they can file a civil defamation suit instead.
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Advocate Dhananjay Mishra

Adv. Dhananjay Mishra

LawRatoGurgaon / Gurugram | 25+ Answers
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