Abstract

There have been numerous and inconsistent attempts to refurbish and adapt the arbitration code in India in order to make the nation congenial to arbitration. The jurisprudence on the arbitrability of disputes have not yet been well settled and has remained inconsistent time and again even after several attempts by Indian judiciary. One such step in the right direction in deciding the arbitrability of landlord- tenant disputes, which had long pendency has been the Vijay drolia II judgment commenting on the jurisprudence of the same. It has required the essential four -fold test to decide the arbitrability of disputes, with respect to not only tenancy matters but also other questionable subject matters. This paper seeks to examine the test, and analyze the same with intent to further discuss the facets of the same. It seeks to highlight the past infamous attempts commenting on the jurisprudence of arbitrability which led to several misinterpretations and factors leading to the Durga Trading test by the hon’ble Supreme Court putting an end to the saga of long due debate on arbitrability of tenancy disputes.

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