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

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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 ....

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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 ....

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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 ....

New Delhi , Satpal Singh Bakshi , Justice Krishna Murari , Sanjiv Khanna , Booz Alllencase , Booz Allen , Vidya Drolia , Civil Court , Honble Supreme Court , Hotel Lodging Houses , Himangni Enterprises , Natraj Studiosp Ltd , Apex Court , Singh Ahluwalia Himangi Enterprises , Himangi Enterprises , Supreme Court , Bank Ltd , Booz Allen Hamilton , Corporation Vidya Drolia , Home Finance Ltd , Durga Trading , Singh Ahluwalia , Property Act , Natraj Studios , Navrang Studios , Conciliation Act ,

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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State Of Madhya Pradesh , Madhya Pradesh , West Bengal , Jayesh Dinesh Shah , Vimal Kishor Shah , Jayeshh Pandya , Satpal Singh Bakshi , Suresh Shah , Kamaljeet Singh Ahluwalia , Shri Vimal Kishor Shah , Booz Allen , Vidya Drolia , Calcutta High Court , Hipad Technology India Private , Himangni Enterprises , Durga Trading Corporation , Delhi High Court , Hamilton Inc , Bank Ltd , Supreme Court , Sukanya Holdings Private Ltd , India The Supreme Court , Indian Trust , Home Finance Ltd , Pre Vidya Drolia , Booz Allen Test ,

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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