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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 livelaw.in - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from livelaw.in Daily Mail and Mail on Sunday newspapers.
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. &
Tenancy Matters Governed Under Transfer Of Property Act Are Arbitrable, Reiterates Supreme Court
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The Supreme Court has reiterated that the lease/tenancy matters which are not governed under the special statutes but under the Transfer of Property Act are arbitrable.CJI SA Bobde led three judge bench observed thus while considering a petition under Section 11(5) of the Arbitration and Conciliation Act, seeking appointment of a Sole Arbitrator for .
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