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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 Honble 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 arbi...
West Bengal Kamaljeet Singh Satpal Singh Bakshi Booz Allen Vidya Drolia Civil Court
Source: mondaq.com

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India: Are Tenant-Landlord Disputes Arbitrable?

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 dispu...
West Bengal Kamaljeet Singh Ahluwalia Himangni Suresh Shah Kamaljeet Singh Ahluwalia Booz Allen Vidya Drolia

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 ...
New Delhi Satpal Singh Bakshi Justice Krishna Murari Sanjiv Khanna Booz Alllencase Booz Allen
Source: mondaq.com

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

Why Register with Mondaq Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms Articles tailored to your interests and optional alerts about important changes Receive priority invitations to relevant webinars and events You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. Your Organisation We need this to enable us t...
New Delhi Kamaljeet Singh Satpal Singh Bakshi Booz Alllencase Booz Allen Vidya Drolia
Source: mondaq.com

Supreme Court On Arbitrability Of Landlord-Tenant Disputes - Litigation, Mediation & Arbitration

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 Stu...
Kamaljeet Singh Ahluwalia Booz Allen Vidya Drolia Supreme Court Himangni Enterprises India Court
Source: mondaq.com

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 he...
West Bengal Justice Nariman Kamaljeet Singh Sanjiv Khanna Prithvi Malhotra Penumalli Sulochana
Source: mondaq.com

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