Who decides, whether the court at the reference stage or the arbitral tribunal in the arbitration proceedings would decide the question of non-arbitrability – Vidya Drolia and Others Vs. Durga Trading Corporation – Supreme Court
December 14, 2020
In this judgment, the issues required to be answered relate to two aspects: (i) Meaning of non-arbitrability and when the landlord-tenant disputes governed by the provisions of the Transfer of Property Act, 1882 is not capable of being resolved through arbitration; and (ii) The conundrum “who decides” whether the court at the reference stage or the arbitral tribunal in the arbitration proceedings would decide the question of non-arbitrability.