Rights In Rem Are Not Arbitrable – Supreme Court

In Booz Allen & Hamilton Inc. v. SBI Home Finance Ltd. (2011), the Supreme Court of India ruled that disputes involving the enforcement of mortgage rights are non-arbitrable because they pertain to rights in rem—public rights affecting immovable property—rather than rights in personam, which are private and suitable for arbitration. Although Booz Allen sought to invoke an arbitration clause in their mortgage agreement, the court determined that the enforcement of mortgage rights must be adjudicated by courts with jurisdiction over property disputes, as arbitration cannot appropriately address issues involving public rights. The decision underscored that for a dispute to be arbitrable, it must be covered by an arbitration agreement, have been referred to arbitration by the parties, and be capable of resolution through arbitration, thereby reaffirming the principle that matters such as mortgage enforcement, alongside other non-arbitrable disputes like criminal, matrimonial, or taxation issues, should be resolved within the judicial system.

Tags:

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within one business day. Alternatively, if you're in a hurry, you can call us now

+91 9052538538
info@karavadi.in

Recent Case Snippets

UNITECH Limited & ors. v. Telangana State Industrial Infrastructure Corporation (TSIIC) & Ors. Civil Appeal No. 317 of 2021, decided on 07-02-2021

The presence of an arbitration clause does oust the jurisdiction under Article 226 in all cases though, it still needs to be decided from case to case as… Read more »

Has ‘Limitation’ Become Limitless? Rethinking the Boundaries for Initiating Arbitration Proceedings

Introduction In the recent ruling in M/s Arif Azim Co. Ltd. Vs. M/s Aptech Ltd., Arbitration Petition No. 29 of 2023, the Hon’ble Supreme Court undertook an exhaustive… Read more »

When To File a Second FIR – Supreme Court Reiterates

The Supreme Court's ruling in State of Rajasthan v. Surendra Singh Rathore (2025 INSC 248) provides much-needed clarity on the circumstances under which a second FIR can be… Read more »

Disclaimer

The Rules and Regulations set forth by the Bar Council of India under Advocates Act, 1961 prohibit Advocates or Law Firms from advertising or soliciting work through public domain communications. This website is intended solely to provide information. Karavadi & Associates (“K&A”) does not aim to advertise or solicit clients through this platform. K & A disclaim any responsibility for decisions made by readers/visitors based solely on the content of this website.

By clicking 'AGREE,' readers/visitors agree and acknowledge that the information provided herein (a) does not constitute advertising or solicitation, and (b) is intended solely for their understanding of K & A services. By continuing to use this site, you consent to the use of cookies on your device as outlined in our Cookie Policy.