Re­solve dis­putes through ar­bi­tra­tion

HT Estates - - HTESTATES -

of ar­bi­tra­tion will gov­ern the ju­ris­dic­tion of the court, in the event of an ap­peal and the ex­e­cu­tion of the award.

Since leases/ li­cences of im­mov­able property in­volve com­pli­cated ques­tions and sub­tle nu­ances with re­gard to property law and rights of par­ties, it is vi­tal that the ar­bi­tra­tor is some­one who is knowl­edge­able in the field of property law and its cir­cum­am­bi­ent is­sues. It goes with­out say­ing that the ar­bi­tra­tor must be one with the high­est in­tegrity, hav­ing the abil­ity to re­main un­bi­ased. The par­ties, may, at the in­cep­tion of the lease, choose not to name the ar­bi­tra­tor. The ar­bi­tra­tion clause may only pro­vide, that the par­ties shall, at the time of the dis­pute, mu­tu­ally ap­point an ar­bi­tra­tor. Re­fusal by ei­ther party to ap­point an ar­bi­tra­tor, as per the ar­bi­tra­tion clause, shall give a right to the other party to seek such ap­point­ment through the court.


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