Arbitration and Rental Agreement
Ashey
(Querist) 31 March 2009
This query is : Resolved
What is the legal status of an arbitration clause in a Lease Agreement. Whether any party to the agreement force the other to implement the arbitration clause before going to Rent Control Tribunal
adv. rajeev ( rajoo )
(Expert) 31 March 2009
Dear Ashey,
arbitration agreement is an agreement between two parties to settle their disputes before the arbitrator if in case of disputes arises.
any party to the agreemnt force the other to implement the arbitration clause before going to Rent Control tribunal. Arbitration clause is part of the agreement.Even if party goes to the court then also arbitratition agreement will be considered
PALNITKAR V.V.
(Expert) 31 March 2009
However, if the premises is governed by the Rent Act, then perhaps, the arbitration agreement may not work. It depends on the provisions contained in Local Rent Act.
Ashey
(Querist) 01 April 2009
Thanks for your replies ...
Ashey
(Querist) 01 April 2009
Is there any authority / case laws ?
Hiralal Das
(Expert) 04 April 2009
I agree with my learned friends.
Ashey
(Querist) 06 April 2009
Is there any authority / case laws ?
Kiran Kumar
(Expert) 06 April 2009
rent proceedings are not governed by ordinary civil procedure as given in CPC.
rent proceedings are summary in nature.
in one of the judgement P&H high court held rent controller to be a persona designata i.e. he is not even a judge.
arbitration claue will not hamper ur rights under the rent act/ law.
pls refer to the local laws applicable to u in this regard.
