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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. & ....
Dr Bina Modi vs Lalit Kumar Modi & Ors on 24 December, 2020 indiankanoon.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from indiankanoon.org Daily Mail and Mail on Sunday newspapers.
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 ....