Either Lease Or Leave And License Or Both Are Arbitrable In Maharashtra?

Not Every Matter is capable of being submitted to the Arbitration. The international conventions and domestic jurisprudence assert that certain type of dispute to be adjudicated based on strict judicial scrutiny and procedures and not by a Private Resolution Mechanism. This principle is called 'Arbitrability'.

In India, Arbitrability is not specifically defined in the Statute, which is Arbitration and Conciliation Act, 1996 hereinafter referred as "The Act". Section 2(3) of The Act merely provides that "certain disputes may not be submitted to arbitration"¹ and silent of categories and specific Matters to be considered Non – Arbitrable.

Further, Section 34(2)(b)² and 48(2)³ of the Act authorize the High-Courts to set aside an award if the arbitral award is in conflict with public policy of India or incapable of being resolved by arbitration