Arbitration vs RERA | Harmony that can solve conflict?

  • Blog|Company Law|News|
  • < 1 minute
  • By Taxmann
  • |
  • Last Updated on 14 May, 2022

applicability of arbitration in real estate disputes

Nipun Singhvi & Pranjul Chopra – [2022] 138 192 (Article)


The debate regarding enforcement of arbitration over other laws has been going on for a score and six years in our country. In various cases, the courts have come across the issue as to whether an arbitration clause bars proceedings under a specific act or not. A basic principle of law is that a specific statute prevails over a general one. However, the courts in our country have laid much emphasis on arbitration as an alternate form of dispute redressal mechanism and have time and again chosen arbitration over litigation as a legal recourse.

Further, availability of multiple fora for dispute resolution has burdened the courts with the question of which statute shall prevail over the other. For the consumers of real estate industry, remedies exist in the form of Real Estate Regulatory Authority, National Company Law Tribunal, Consumer Courts, Civil Courts and ADR mechanisms in form of arbitration. As regards, enforcement of arbitration in an ongoing litigation process specifically, its applicability depends much on the stage of litigation.

Therefore, before addressing the issue of applicability of arbitration in real estate disputes and a resultant bar on proceedings under the Real Estate (Regulation and Development) Act, 2016, it is imperative that the judicial pronouncements examining arbitration vis-à-vis other statutes be discussed.

Click Here To Read The Full Article

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

Leave a Reply

Your email address will not be published. Required fields are marked *

Everything on Tax and Corporate Laws of India

To subscribe to our weekly newsletter please log in/register on

Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied