Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Wednesday, 28 October 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2016-08-17 allowed

Vimal Kishor Shah & Ors vs Jayesh Dinesh Shah & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A family trust deed contained a clause providing for arbitration to resolve disputes between beneficiaries. When disputes arose, respondents filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator. The High Court allowed the application, treating beneficiaries as parties to an arbitration agreement. The Supreme Court reversed this, holding that a trust deed does not constitute an arbitration agreement because beneficiaries neither signed it nor entered into a formal agreement to submit disputes to arbitration. The Court further held that disputes relating to trusts fall within the exclusive domain of the Indian Trust Act, 1882, not private arbitration.

The lawyer headnote and full judgment text are available to registered users.

Arbitration and Conciliation Trust Law Arbitration Agreement Non-Arbitrable Disputes Civil Procedure Statutory Interpretation

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login