Supreme Court of India
Brij Raj Oberoi v. The Secretary, Tourism and Civil Aviation Department & Anr.
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What the Court ordered
We hold that the expression “existence o f an arbitration agreement” in Section 11 of the Arbi tration Act, would include aspect of validity of an arbitra tion agreement, albeit the court at the referral stage would apply 1 (2021) 2 SCC 1 89 the prima facie test on the basis of principles set out in this judgment.
Judgment, page 11
From the headnote
Arbitration and Conciliation Act, 1996: s. 11(6) – Appointment of an arbitrator – On facts, issue as regards refere nce of dispute pertaining to lease deed between the parties, to th e arbitrator – Held: Clauses in a lease deed cannot be read and co nstrued in isolation – Lease deed is to be construed as a whole – All disputes between the parties to the lease with regard to renewal and/or non- renewal, the period of renewal and the quantum of rent would have be decided by the Arbitrator – Issue of arbitrability of the dipsute over non-renewal of the lease is within the realm o f the arbitral
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