In Brief
A petitioner sought appointment of a sole arbitrator under an arbitration clause in a sub-lease deed governed by the Transfer of Property Act, 1882. The Supreme Court held that disputes arising from leases governed solely by the Transfer of Property Act are arbitrable, distinguishing such cases from tenancy disputes governed by special statutes (like Rent Acts) where tenants enjoy statutory protection. The Court clarified that discretionary equitable reliefs under sections 114 and 114A do not render disputes non-arbitrable; arbitrators may apply these provisions as courts would. Additionally, the Court ruled that it has exclusive jurisdiction to appoint arbitrators in international commercial arbitration under Section 11(6), overriding contractual provisions designating a High Court. Accordingly, a retired Chief Justice was appointed as sole arbitrator.
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