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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 ....
To print this article, all you need is to be registered or login on Mondaq.com. The Model Tenancy Law has been prepared by the Ministry of Housing and Urban Affairs with an objective to balance the interests and rights of the landlords and tenants. Chapter VI of the Model Tenancy Law deals with the Rent Authorities, their power and procedure for appeals and Chapter VII of the Model Tenancy Law deals with Rent Court, Rent Tribunal, procedure to be followed in rent court and rent tribunal, powers of the rent court and rent tribunal, procedure for appeal to the rent tribunal. ....
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. & ....
The Court discusses and over-rules the case of Himangni Enterprises wherein the Court had upheld the decision of the lower courts in rejecting an application filed by the defendant-tenant under Section 8 of the Arbitration Act, 1996 ( Arbitration Act ) in a civil suit seeking its eviction from a shop in a commercial complex. In this case, the tenancy in question was protected under the TP Act and not under the rental control legislation. The Judges in the Himangni Enterprises case Natraj Studios (P) Ltd. v. Navrang Studios 3 and 4 with respect to the issue of non-arbitrability. In Natraj Studios, an application under Section 8 of the Arbitration Act, 1940 was ....