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

No State-Specific Domicile, Strikes Down Domicile-Based PG Medical Reservations – SC

In Shobha v. Muthoot Finance, SLP(C) Nos. 2625-2627/2025, the Hon’ble Supreme Court clarified that writ petitions under Article 226 of the Constitution are not maintainable against Non-Banking Financial Companies (NBFCs). The Court held that NBFCs, being private entities, do not perform public functions, and mere regulatory oversight under a statute does not subject them to... Read more » Read more »

Rohan Builders (India) Pvt. Ltd. Vs. Berger Paints India Ltd, 2024 INSC 686

2024 INSC 686 – Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.: In this judgment, the Supreme Court of India addressed whether an application for extending the time period for passing an arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, can be filed after the expiry of the stipulated... Read more » Read more »

Functional Disability Must Prevail Over Mechanical Schedule Interpretation

In Kamal Dev Prasad v. Mahesh Forge, 2025 INSC 591, the Hon’ble Supreme Court while considering an issue of workplace injury compensation under the Employees’ Compensation Act,1932 held that a disability and loss of earning capacity should not be assessed only on the basis of the Schedule, especially when there is an ambiguity but on... Read more » 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.