Arbitration and Conciliation Act 1996

Common Areas, RERA, and the Arbitration Clause: Calcutta High Court Declines to Disturb Interim Protection for a Condominium's Shared Spaces

In Forum Projects Private Limited v. Gaurav Karnani, the Calcutta High Court upheld an arbitral tribunal's order appointing a surveyor and restraining a developer from altering the common areas of a Kolkata condominium, holding that protective interim measures under Section 17 of the Arbitration and Conciliation Act do not require the tribunal to first decide a pending objection to arbitrability, and declining itself to rule on whether RERA ousts arbitration over common-area disputes.