Query regarding jurisdiction in rent matter.
shyam
(Querist) 12 January 2010
This query is : Resolved
X ows a house property which he leases to Y on monthly rent basis.It is agreed that in case of a dispute,the parties will go in for arbitration.Subsequently,a dispute arises regarding payment of rent.While X goes to the Rent Court,Y goes in for arbitration.
Query-1.Who decides whether the matter will go before the Rent Court or arbitration?
2.Can the Arbitration Forum decide the prelimimary issue of jurisdiction?
3.If the Rent Court decides on the preliminary issue of jurisdiction and holds that the Rent Court will itself hear the matter,then what is the legal validity of the arbitration clause?
A V Vishal
(Expert) 12 January 2010
There are two different ways to adopt the process of Alternate Dispute Resolution :
# Alternate Dispute Resolution with filing of a lawsuit: In this case by way of mediation, conciliation etc either the judge or some court officer will make an attempt to resolve the disputes between the parties and reach an amicable settlement. If the positive happens case is dismissed thereby saving the time of the court and expenses of the parties. The very practice has been followed via system of Lok Adalats in India.
# Alternate Dispute Resolution by way of free standing: This is generally the case of commercial arbitration, where the parties to the dispute agree, not only to have a third party as their arbitrator, but also agrees to what rules shall be binding and whether the decision of the third party will be either binding or advisory in nature.
