VidhiSangh

Supreme Court of India · 18/12/2020

SURESH SHAH versus HIPAD TECHNOLOGY INDIA PRIVATE LIMITED

[2020] 13 S.C.R. 821 · 2020 INSC 711

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Summary

Allowing a petition for appointment of a sole arbitrator under a sub-lease, the Court held that tenancy disputes governed by the Transfer of Property Act are arbitrable where the parties agreed to arbitration. Disputes governed by special rent legislation conferring statutory protection and exclusive jurisdiction on a specified forum remain non-arbitrable. Because the petitioner was a Kenyan national habitually resident there, the arbitration was international commercial and appointment lay with the Supreme Court despite the contractual reference to the Delhi High Court.

Issues

  1. Whether disputes under a lease governed by the Transfer of Property Act may be arbitrated, including claims involving relief against forfeiture.
  2. Which court could appoint the arbitrator where one party was a foreign national habitually resident abroad.

Provisions considered

Held

Result

Petition allowed. Justice (Retd.) Mukul Mudgal appointed sole arbitrator; fee payable under the Fourth Schedule to the 1996 Act. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 13 S.C.R. 821.