Landmark case · Alternate Dispute Resolution · Semester 5

Vidya Drolia v. Durga Trading Corporation

(2021) 2 SCC 1 · Supreme Court of India

The Court restated a four-fold test of non-arbitrability and held that landlord–tenant disputes under the Transfer of Property Act are generally arbitrable.

From topic

Arbitrability: rights in rem and in personam — Unit I, Alternate Dispute Resolution.

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