Abstract
The commodification of personal data and the proliferation of Data Processing Agreements (DPAs) have rendered the arbitrability of data privacy disputes an urgent and underexplored question in Indian commercial law. This paper examines the arbitrability of disputes arising under the Digital Personal Data Protection Act, 2023, with particular focus on subject-matter arbitrability as crystallised in Vidya Drolia v. Durga Trading Corporation. It argues that while such disputes are contractual in nature, their arbitrability remains contested insofar as they implicate the rights of third-party data principals, introducing a public dimension that complicates referral to arbitration. The paper further advances two reforms: a statutory amendment expressly recognising arbitration for inter-commercial party data disputes, and the adoption of a ‘Second Look Doctrine’ for post-award judicial review. A comparative analysis of global frameworks informs the proposed approach.
Recommended Citation
Velaga, Thejas and Pandey, Srishti
(2026)
"Beyond Public and Private: Arbitrability of Data Privacy Disputes,"
Indian Journal of Law and Technology: Vol. 22:
Iss.
1, Article 3.
DOI: 10.55496/EFIF8984
Available at:
https://repository.nls.ac.in/ijlt/vol22/iss1/3
Digital Object Identifier (DOI)
10.55496/EFIF8984
