Real estate projects generate disputes at every stage: between landowners and developers under joint development agreements, between developers and construction contractors, between developers and financial partners, and between developers and purchasers.
Joint development agreements are fertile ground for disputes about delayed approvals, sharing of built-up area, revenue sharing and termination. These disputes are generally arbitrable and benefit from arbitrators who understand approvals, project timelines and area calculations.
Construction contracts between developers and contractors follow the pattern of construction arbitration generally: delays, variations, defects and payment disputes, decided on programme records, measurements and technical evidence.
Disputes with homebuyers are different. Individual purchasers may approach consumer commissions or the real estate regulatory authority under the Real Estate (Regulation and Development) Act, 2016, and an arbitration clause in the builder-buyer agreement generally does not take away those statutory remedies.
Title disputes that affect rights against the world at large are not arbitrable and must be decided by courts.
For developers, well-drafted dispute clauses across the project's contract stack, clear records of approvals and correspondence, and early engagement with disputes before they escalate reduce risk substantially.