Author: Komal Mathur, Student at Manipal University, Jaipur
Arbitration has an essential intent and, unlike the well-known trial system, inevitably offers alternatives and private alternatives that are affordable, fast and hassle-free dispute resolution mechanisms. The Arbitration Mediation Act (“A & C Act”), enacted in 1996 to amend previous legislation, allows parties to choose between convenience and checking and witnessing deficiencies. , Has been in force for the last 10 years. In the system. Recent trends show that the Supreme Court’s case law consistently confirms the ability of the parties to choose a dispute resolution mechanism. First of all, there is no clear provision in A & C law to exclude all types of disputes, as there are no “non-arbitrable” types of disputes. The A & C Act is designed to make numerous attempts to reduce judicial intervention to the lowest possible level over a decade.The main purpose was to prevent the arbitral proceedings from being thrown into the judiciary at any time until the final ruling was made by the arbitral tribunal. Contrary to the law scheme, arbitration of disputes remains open to the subject of judicial opinions that are challenged on a case-by-case basis, often curbing arbitration in India. Simply put, arbitration means the possibility of excluding certain disputes from arbitration for reasons specifically mentioned by law or the judiciary. Regardless of whether the contract is under the jurisdiction of the court, whether civil or commercial law, disputes are, in principle, determined by the court unless excluded by necessary or explicit consequences. In this regard, the legal limits for providing pocket-sized orientation aids were very vaguely formulated, which only led to the notion embodied in case law.
Over the years, courts have been found to challenge their own arbitral award decisions, and the victim of this uncertainty in the clause is the landlord’s communication. Such relationships are basically due to rental contracts for commercial and residential space. Leases are mainly concluded under the Real Estate Transfer Act of 1882 (the “TP Act”). Disputes arising from the provisions of the TP Act are mainly discussed in the civil court having jurisdiction under the Code of Civil Procedure of 1908 (the “CPC”). Arbitration of such rental disputes becomes a serious problem in the event of a dispute between the landlord and the tenant. The relationship is basically determined by the existing contract (lease / certificate), which usually does not include the arbitration clause, but the parties may be willing to be determined on behalf of the individual for dissolution. The question then arises whether such a dispute can be resolved in an appropriate forum in order to obtain a legally enforceable compulsory sentence. The above concerns are a major issue in global negotiations, but remain unresolved in Indian usage due to the lack of authoritative judgment from the courts. The attempt here is to break through the loophole by analyzing this apparently problematic intersection of arbitration and rental disputes. This is especially true in the current situation in countries that occasionally refer to foreign jurisdiction. This is especially relevant in the post-pandemic period. With the unprecedented outbreak of the Covid19 virus around the world, activities in all areas of life are at a loss, and courts are no exception.
Since the announcement of the blockade of the entire state, the physical operation of the entire hierarchy of Indian judiciary has been suspended. Commercial disputes, especially related to rent disputes and rent defaults, have been one of the most frequent in recent months. Only a handful of such cases could reach the court only via a virtual platform due to staggered operations, but the number of such cases is not unknown, but is already pending. In addition to the 3.7 million cases, it can be estimated to be enormous.
According to National records, the judicial data grid. In a given scenario, it is even more important to look for alternative resolution mechanisms to properly avoid court overload and associated delays. In this regard, understanding the arbitration of rental disputes becomes relevant. Resolving such disputes can always be beneficial to both parties, not just to the legal system of the current court. With the expansion of nationwide arbitration and the acceptance of arbitration among the masses as a triumphant alternative to proceedings, it is now time to demand it for disputes that were not normally thought to be resolved. rice field. Leasing-related disputes are one of the cases that require immediate attention.