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Demystifying The Conundrum Surrounding The Non-Arbitrability Of Disputes In Arbitration - Litigation, Mediation & Arbitration

To print this article, all you need is to be registered or login on Mondaq.com. The decade-old uncertainty on the issue of arbitrability of tenancy disputes stands settled with the pronouncement of the judgment by the Hon ble Supreme Court in,  Vidya Drolia and Others v. Durga Trading Corporation 1 ( Himangni Enterprises v. Kamaljeet Singh Ahluwalia 2 ( Himangni Enterprises ), provides much-needed clarity on the nature of tenancy disputes that can be referred to arbitration. The Dovetail Test laid down by the Court can be relied upon in determining the non-arbitrability of disputes in general. The Judgment also attempts to clear the conundrum surrounding the

Dispute Resolution & Arbitration Monthly Newsletter | January 2021 - Real Estate and Construction

Vidya Drolia v. Durga Trading CA No. 2402 of 2019 Background facts A Tenancy Agreement was entered into between the landlord s predecessor-in-title (Shree Bajrang Land & Trading Company) and the tenant ( Appellants) on February 02, 2006 in respect of certain go- down and other structures. The subsequent landlord, after the expiry of the tenancy agreement, sent a notice asking the tenant to vacate the premises and the tenant refused to vacate the premises, the Respondent-Landlord filed an Application before the Calcutta High Court ( HC) for appointment of an Arbitrator, as per the Tenancy Agreement. HC ruled in favor of the Respondent and appointed an Arbitrator

Arbitrability Of Tenancy Disputes: A Step In The Right Direction - Litigation, Mediation & Arbitration

( Booz Allen ), wherein it was held that in eviction or tenancy matters which are governed by special statues and where tenant enjoys statutory protection as a class is a matter of public interest and only the specified court has been conferred exclusive jurisdiction to adjudicate the same. Later, in 2017, the issue regarding arbitrability of lease dispute was once again re-visited by the Supreme Court in the case of Himangi Enterprises and after relying on the said ratios of Booze Allen and Natraj Studios the court rejected the application filed by the tenant (defendant) under section 8 of the Arbitration and Conciliation Act, 1996

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. &

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