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.
Unit I · Alternate Dispute Resolution
Arbitrability: rights in rem and in personam
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| 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 |
Landmark cases
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.
A. Ayyasamy v. A. Paramasivam
(2016) 10 SCC 386 · Supreme Court of India
Simple allegations of fraud do not oust arbitration; only serious, complex fraud that permeates the agreement may.