Winding up petitions are not arbitrable because statutory company dissolution powers remain with the Court, not an arbitrator.

A winding up petition pending before the High Court is not referable to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 because the arbitrator can decide only disputes capable of arbitral determination. A winding up petition is a statutory proceeding invoking the Court's power under the Companies Act to order winding up on grounds such as commercial insolvency, and that power cannot be exercised by an arbitrator even where an arbitration agreement exists. The proceeding therefore remains outside arbitration and within the exclusive domain of the Court.

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Issues: (i) Whether a winding up petition pending before the High Court could be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

Analysis: Section 8 obliges a judicial authority to refer parties to arbitration only where the matter brought before it is one that the arbitrator is competent to decide. A winding up petition is not a claim for money between parties but a statutory proceeding asking the Court to exercise its power to wind up a company on grounds such as commercial insolvency. The power to order winding up is conferred on the Court under the Companies Act and cannot be exercised by an arbitrator, even if an arbitration agreement exists between the parties.

Conclusion: The winding up matter was not arbitrable and could not be referred to arbitration under Section 8; the rejection of the application was .

Final Conclusion: A statutory winding up proceeding remains within the exclusive domain of the Court and is outside the scope of arbitration.

Ratio Decidendi: Section 8 of the Arbitration and Conciliation Act, 1996 applies only to disputes that are legally capable of determination by an arbitrator; a winding up petition, being a statutory proceeding for relief exclusively conferred on the Court, is not referable to arbitration.

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