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Scope for a conflict of jurisdiction

DNMUM405430 | 1/13/2018 | Author : Manoj K Singh | WC :694

Examining the possibility of arbitration in a real estate dispute in the RERA era
DNA Property
The Real Estate (Regulation and Development) Act, 2016 (REA) provides for establishment of the Real Estate Regulation Authority (RERA) under section 20. Usually, real estate agreements contain an arbitration clause to refer all disputes to arbitration and in such situations, a conflict of jurisdiction arises between arbitration and RERA. REA provides for creation of specialized adjudicating mechanism for effective and expeditious disposal of cases. REA does not exclude the jurisdiction of consumer forums with regard to compensation and instead provides for an option under section 71 to withdraw the complaints pending before these consumer forums with its permission and file it before the Adjudicating Officer.
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