RERA vs. Arbitration
The RERA is going to override the arbitration clause in the agreement. And keeping the same in view it is advisable to the aggrieved home- buyers that they should reach before RERA
The RERA is going to override the arbitration clause in the agreement. And keeping the same in view it is advisable to the aggrieved home- buyers that they should reach before RERA
A detailed article where you will know every thing about an arbitration clause and how it can impact the Builder-Buyer agreement.
Mittal v Westbridge Ventures, the Singapore Court of Appeal reviewed several fundamental arbitration law issues, including the proper law of arbitration agreements and determining whether law determines whether a particular case is arbitrable.
When disputes arise between parties in a business or legal context, there are various ways to resolve them. One effective method is arbitration, where an impartial and independent body, known as an arbitral tribunal, is appointed to settle the dispute outside of traditional court proceedings.
How a unit registered under MSME can recover the money as per the provisions of the Act? What are the liabilities of the buyer to make a payment towards the MSME registered unit?
Initiation of the Corporate Insolvency Resolution Process can be done in the name of the Individual who is the owner of a Sole Proprietorship.
In the intricate tapestry of legal frameworks that govern modern workplaces, labor and employment law stand as formidable pillars, safeguarding the rights and interests of both employers and employees. From the dynamics of hiring to the complexities of workplace disputes, this branch of law serves as a guiding light, ensuring fairness, equity, and compliance in … Continue reading “Navigating the Legal Landscape: Labor and Employment Law”
The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted in India to regulate the real estate sector and protect the interests of homebuyers.
As per the black law dictionary, the arbitrator is a “private, disinterested person, chosen by the parties to a disputed question, for the purpose of hearing their contention, and giving judgment between them; to whose decision(award) the litigants submit themselves either voluntarily, or, in some cases, compulsorily, by order of a court”.
The arbitrator is a neutral third party who is appointed to resolve a dispute between two or more parties outside the court system. They play a crucial role in arbitration proceedings, which is an alternative dispute resolution method used to settle conflicts.
Insolvency and Bankruptcy Code, 2016 brings in the concept of Interim Moratorium, which offers protection to individuals during the insolvency process.
Some of the legal remedies available for the homebuyers of stalled real estate projects against builders in case of disputes or grievances. Homebuyers can protect themselves from builders in India and ensure that they get their dream home without any hassles.
Being the least expensive and less time-consuming, Mediation is popular ADR in India. The mediator plays the role of a neutral party who helps the parties to have direct communication and assists in exploring the options and a mutually accepted agreement.
The conflict between the Executive and the Judiciary regarding judicial appointment is not new. Its most visible manifestation was when Prime Minister Indira Gandhi appointed Justice A.N. Ray as the Chief Justice in 1975 out of turn, as a “reward” for his pro-government stance in the Kesavananda Bharti Case. This led to much public outcry, on the grounds of violation of judicial independence.
Specifically in insolvency proceedings, mediation as a tool can be employed to resolve issues and clear the bottleneck in the resolution process which had led to delays.