Arbitrability of Trust Disputes

The Indian Supreme Court, by a recent judgment, has totally ostracized ‘Arbitration’ from the world of ‘Trust Disputes’. Though the reasoning of the Supreme Court is prima facie appealing, a closer scrutiny of its judgment may lead one to think that it is retrograde. Vimal Kishor Shah & others Vs. Jayesh Dinesh Shah and others (Civil Appeal no. 8164 of 2016)[1] is the case where the Supreme Court held that trust disputes are not arbitrable. That was a case [...]

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