The appellant holding a property in Noida under a sub-lease agreement invoked arbitration when disputes arose with the respondent Despite the respondent s silence the court noting jurisdictional concerns due ... to the appellant s Kenyan citizenship clarified that disputes under the Transfer of Property Act are arbitrable unless statutory protection exists Consequently the court appointed Justice retired Mukul Mudgal as the sole Arbitrator with fees per the fourth schedule to the Arbitration and Conciliation Act and no costs awarded in the prtition