Vidya Drolia v. Durga Trading Corporation | An Explainer
by Rishi Batta Law FirmWhile
considering whether lease deeds are arbitrable, the SC was tasked with the
deeper analysis of two interconnected questions: (i) the meaning of
non-arbitrability of a dispute and (ii) who decides the question of
non-arbitrability.
What is ‘non-arbitrability’?
Arbitrability
was widely considered by the SC in Booz Allen[5] and Ayyasamy[6], which in
broad strokes identified this to be a question for which the answers lie in the
difference between actions in rem and actions in personam. It was observed that
a right in rem protects the rights of the society at large and right in
personam is for the protection of the individual. Therefore, actions in
personam may be referred to arbitration. Booz Allen further went on to state
that subordinate rights in personam arising out of rights in rem can be
adjudicated by arbitrators.
Tatva Legal, Hyderabad, amongst other services, provides
comprehensive dispute
resolution related legal services and our team of experienced
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Read More : https://tlegal.com/blog-details/vidya-drolia-v-durga-trading-corporation-or-an-explainer
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Created on Jul 15th 2021 23:55. Viewed 301 times.