What is arbitrability of disputes?
In Booz-Allen, the Supreme Court observed that the question of arbitrability is to be decided on the basis of the ‘nature of rights’ involved in the dispute. On the other hand, if a dispute involves a right in personam, i.e., rights against specific individuals, such as in a contract, the dispute is arbitrable.
What is arbitrability of dispute in India?
On the specific issue as to whether a dispute between a landlord and a tenant is arbitrable when the relationship between the persons is governed solely by the TP Act as opposed to any special rent control legislation, the Court, expectedly, answered this question in the affirmative.
Why is arbitrability important?
Arbitration is generally the most efficient form of remedy for settlement of disputes amongst the parties, which actually does not require any long procedures of the Court for the decisions to be made. It is cost-efficient, it is time-saving, it also permits one to choose their own arbitrators.
What is objective arbitrability?
Arbitrability is further classified into ‘subjective’ rationae personae and ‘objective’ rationae materiae arbitrability where the former denotes the subjective capacity of a person or party to validly conclude a binding arbitration agreement and to be a party to arbitration proceedings, whereas the latter refers to …
Who should decide arbitrability in India courts or arbitrator?
Following the general rule, statutory provisions, principle of severability and doctrine of kompetenz – kompetenz enshrined under Section 16 of the Arbitration Act, it has been held that the arbitral tribunal is the preferred first authority to determine and decide all questions of non-arbitrability.
Which case first decided on the arbitrability of disputes?
Arbitrability of Tenancy Disputes The Apex Court’s decision in the Vidya Drolia case has cleared the air on the issue of arbitrability of landlord-tenant disputes under Transfer of Property Act, 1882 (“TP Act”).
Which laws would be applicable while determining the arbitrability of the disputes?
The Law Applicable to the Merits of the Dispute (“lex contractus”) The lex contractus, or governing law of the contract, is the substantive law which applies to the merits of the parties’ dispute. The lex contractus governs the existence, validity and interpretation of the main contract.
What is arbitrability PDF?
arbitrability is that where certain disputes or differences may not be referred to arbitration. by individuals or entities because of their status or function. However, it is now well.
What is the meaning arbitration?
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.