Commercial real estate disputes well suited to arbitration include joint-development agreement disputes, lease and licence disagreements, construction-linked payment disputes, and disputes between co-developers or investors in a project.
Certain property matters — questions of title that affect rights against the whole world (rem rights), for instance — are generally treated as non-arbitrable under Indian law and must go through the courts regardless of what the contract says. Contracting parties should distinguish these from purely contractual (in personam) disputes between the parties themselves, which are arbitrable.
Given how document-heavy real estate disputes tend to be — title deeds, approvals, JDAs, payment schedules — secure institutional document storage and a clear registry record materially reduce disputes about authenticity and completeness of the record later.