Skip to main content


Showing posts from November, 2020


Arbitrability of any issue is concerned with the question of whether a dispute can form part of the subject matter of arbitration. In India, the scope and extent of ‘arbitrability’ of various subject matters have been in constant doubt and debate. This uncertainty has arisen due to the lack of any express provision under the Arbitration and Conciliation Act 1996 ('A&C Act') restricting the arbitrability of disputes arising out of specific legal relationships. One of the victims of this uncertainty is the landlord-tenant relationship which is governed by the Transfer of Property Act 1882 ('ToPA'). It is inarguable that arbitral proceedings are fairly private. The private and confidential nature of arbitration has led to the debate as to whether public law issues can be resolved through arbitration. Disputes arising out of the relationships governed by the ToPA have often fallen into the debate. For instance, the question of arbitrability of tenancy matters is pending