CourtSupreme Court of India
Decision14 December 2020
CollectionArbitration
FormatCRUX Case Note

The Crux

At the referral stage the court generally conducts a prima-facie examination, leaving contested issues to the arbitral tribunal unless non-arbitrability is manifest.

What the Court held

The Supreme Court comprehensively examined non-arbitrability and the standard of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act.

Why it matters

The decision is central when resisting or seeking reference to arbitration and when analysing whether a dispute is capable of private adjudication.

CRUX practice note

This note isolates the proposition most likely to matter in practice. The precise ratio, factual limits and subsequent treatment of the authority should always be checked against the judgment itself before professional reliance.

Official source

The link below is to the Supreme Court of India’s official website or judgment repository.

Official Supreme Court source Vidya Drolia & Ors. v. Durga Trading Corporation — official court source The judgment text remains controlling. This CRUX note is an editorial summary for general information.

This Insight is for general informational purposes only and does not constitute legal advice.

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