State of Goa vs. Praveen Enterprises [AIR 2011 SC 3814]: Supreme Court of India
The term “all disputes” gives the Tribunal a very wide jurisdiction of the Arbitral Tribunal
10. Reference to arbitration can be in respect of all
disputes between the parties or all disputes regarding a contract or in respect
of specific enumerated disputes. Where ‘all disputes’ are referred, the
arbitrator has the jurisdiction to decide all disputes raised in the pleadings
(both claims and counter claims) subject to any limitations placed by the
arbitration agreement. Where the arbitration agreement provides that all
disputes shall be settled by arbitration but excludes certain matters from
arbitration, then, the arbitrator will exclude the excepted matter and decide only
those disputes which are arbitrable. But where the reference to the arbitrator
is to decide specific disputes enumerated by the parties/court/appointing
authority, the arbitrator’s jurisdiction is circumscribed by the specific
reference and the arbitrator can decide only those specific disputes.