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Ashey   23 March 2009

Arbitration Clause in Rent / Lease Agreement

whether jurisdiction of a Rent Control Tribunal can be excluded by adding an arbitration clause in the rent / lease agreement. ?



Learning

 9 Replies

Prabhat Kumar (Advocate)     23 March 2009

No. Jurisdiction of the rent tribunal is given by a statute which cannot be ousted by agreement between two persons or parties.

Ashey   23 March 2009

Thanks Mr. Prabhat Kumar

Shashikant V. Patil (Lawyer)     23 March 2009

For arbitration clause, decide  mutually  by both the parties ,  whether to include or exclude before signing document.

Ashey   24 March 2009

Thanks Mr.Patil

G. ARAVINTHAN (Legal Consultant / Solicitor)     24 March 2009

 arbitration clause can have no say in rent control proceedings..

Mahesh (Asst. General Manager (Law))     24 March 2009

In case both the parties agree to an arbitration clause in the lease agreement, I think before approching the rent control court, they should go for arbitration.


If any of the Ld. friends are having any contrary views/judgments please enlighten.

Prabhat Kumar (Advocate)     24 March 2009

With due respect, if there is arbitration clause in the agreement party may resort to arbritration but in no circumstances jurisdiction of a court, provided by the statute can be ousted by an agreement between 2 parties. 

Ashey   25 March 2009

Thanks All learned friends for your valuable replies

Well Wisher (analyst)     02 May 2014

How much time does an chief  justice take to appoint an arbitration.

In my case its more then 6 months the chief justice  look to arbitration cases every friday and every friday he give some silly reason like not listed.

Does it really take so much time to appoint an arbitrator. Is it really so painful for Judge to appoint 

Why is Indian law always wanna delay cases where victim suffers and criminal enjoy.

When will this law will moves like all other sector moving.


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