Landmark case · Alternate Dispute Resolution · Semester 5

Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd.

(2011) 5 SCC 532 · Supreme Court of India

Disputes involving rights in rem (mortgage foreclosure in that case) are generally non-arbitrable; rights in personam may be referred.

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Related sections:

Arbitration and Conciliation Act, 1996, 2(3) — Part I not to affect other laws that provide that certain disputes may not be submitted to arbitration
Arbitration and Conciliation Act, 1996, 34(2)(b) — Award in conflict with public policy or non-arbitrable subject-matter
Code of Civil Procedure, 1908, 9 — Civil court's jurisdiction as the backdrop for arbitrability