Supreme Court of India: Whether landlord and tenant disputes arising under the Transfer of Property Act of India are arbitrable? Whether the pre-requisite of “existence” of an arbitration agreement for the appointment of an arbitrator by the Court under the Indian Arbitration Act includes appointment of an arbitrator for disputes which are non-arbitrable as well?

While deciding an application seeking appointment of an arbitrator under Section 11(6A) of the Indian Arbitration and Conciliation Act, 1996 (‘Act’), the power of the court is confined only to the examination of the existence of an arbitration agreement, leaving it to the court to decide on the existence of a valid arbitration agreement, no…