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NCLT Mumbai: Tribunal Is A Judicial Authority With Power To Refer Matter To Arbitration If Dispute Falls Within Scope Of Arbitration Agreement

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Mr. Kishore Vemulapalli (Judicial Member) and Mr. Prabhat Kumar (Technical Member), dismissed an application and held that...

Evaluating The Mediation Bill, 2023

Among the Bills passed in the recent session of the Parliament is the Mediation Bill, 2023. This Bill has the potential to reframe how we understand access to justice in India. After more than...

Here's what the Supreme Court and High Courts of India had to say this week

Arbitration Court Reckoner : January 2021

, High Court of Delhi held that mere fact that S. 9 proceedings entail disputed facts would be no ground to reject the S. 9 petition as in the Section 9 proceedings, there are bound to be disputed facts which are to be adjudicated in arbitration, by the Arbitral Tribunal agreed upon by the parties. The Court, in a Section 9 proceeding, is merely required to consider the grant/non-grant of interim measures claimed, applying the same principles as applicable to disposal of applications under Order XXXIX Rules 1&2 of the Code of Civil Procedure, 1908 (CPC). The Court further held that it is not as if in exercise of powers under Section 9, no mandatory relief can be granted.

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

rental housing: Many landlord-tenant issues can be settled under arbitration now

Synopsis The apex court held that arbitral tribunals have the power to decide such disputes under the Transfer of Property Act, 1882. Getty Images The verdict assumes significance in the backdrop of the government’s efforts to push rental housing across the country The Supreme Court has said tenant-landlord disputes under the Transfer of Property Act can be resolved through arbitration instead of time-consuming and expensive litigation. The apex court held that arbitral tribunals have the power to decide such disputes under the Transfer of Property Act, 1882. However, such disputes covered and governed by state rent control laws would not be arbitrable and would be decided by designated courts or forums under the legislation.

The End Of A Saga - The Conundrum Of Arbitrability Of Landlord-Tenant Disputes - Litigation, Mediation & Arbitration

Himangi Enterprises') 2 and held that the tenancy disputes are now arbitrable as the Transfer of Property Act, 1882 (' TP ACT') does not foreclose arbitration, save and except for those tenancy disputes which are governed by rent control legislations as specific forums have been given exclusive jurisdiction to decide the special rights and obligations of the parties. 3 and held that while deciding an issue of public policy or public interest, reference to dispute resolution mechanisms cannot be held foreclosed. THE JOURNEY SO FAR Over the years, various conflicting judgments were pronounced by various High Courts in India on the issue whether disputes arising

Expression 'Existence Of Arbitration Agreement' In Section 11 Of Arbitration Act Includes Aspect Of Validity Of Agreement : Supreme Court