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India: Are Tenant-Landlord Disputes Arbitrable?

2 (“ Vidya Drolia II”), the Supreme Court has settled the dust on whether landlord-tenancy disputes under the Transfer of Property Act, 1882 (“ TP Act”) are arbitrable under the Arbitration & Conciliation Act, 1996 (“ Arbitration Act”). Overruling many of its own as well as other High Courts’ judgments, the Court in Vidya Drolia II has set out the broad principles on which arbitrability of disputes may be decided. Applying the principles, the Court held that landlord-tenant disputes under TP Act, and not any special statute (such as state-specific rent legislations, etc.), would be arbitrable. Additionally, the Vidya Drolia II judgment also demarcates the scope of inquiry by courts in determining questions of arbitrability at the pre-arbitration / reference stage under Section 8

Supreme Court Of India Clarifies What Is Arbitrable Under Indian Law And Provides Guidance To Forums In Addressing The Question

Supreme Court Of India Clarifies What Is Arbitrable Under Indian Law And Provides Guidance To Forums In Addressing The Question
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Supreme Court Of India Clarifies What Is Arbitrable Under Indian Law And Provides Guidance To Forums In Addressing The Question - Litigation, Mediation & Arbitration

1 (“ Vidya Drolia”) has made an attempt to clear the decade-old uncertainty on this issue and has proposed a four-fold test to determine the question of arbitrability in India along with an interpretative guide for forums adjudicating this issue. This article briefly discusses the position of law prior to the judgment in Vidya Drolia and then goes on to discuss the key findings of the Supreme Court in Vidya Drolia and the application of the test and guidance to forums. Arbitrability under Indian Law: The Pre-Vidya Drolia Era The Supreme Court s 2011 judgment in Booz Allen and Hamilton Inc v. SBI Home Finance Ltd. &

Suresh Shah vs Hipad Technology India Private on 18 December, 2020

Suresh Shah vs Hipad Technology India Private on 18 December, 2020
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Vidya Drolia vs Durga Trading Corporation on 14 December, 2020

Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
indiankanoon.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from indiankanoon.org Daily Mail and Mail on Sunday newspapers.

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