Is it possible to get out of this arbitration clause?
Hello, I’m in the verge of filing a consumer complaint against a builder but an arbitration clause in the agreement is acting as a roadblock toward filing the complaint. May I know whether there is a way to get out of the below arbitration clause and directly go to the court for judgement?
Arbitration clause:
“ All or any disputes arising out of or relating to or concerning this Agreement including the interpretation and validity of the terms thereof shall be referred by any party to a sole arbitrator who shall be appointed by the DEVELOPER and whose decision shall be final and binding upon the party. The arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996 or any statutory amendments / modifications thereof for the time being in force. The arbitration proceedings shall be held at an appropriate location in Chennai. The ALLOTTEE(S) hereby confirms that he / she / it shall have no objection to this appointment even if the person so appointed, as the sole Arbitrator, is an employee or advocate of the DEVELOPER or is otherwise connected to the DEVELOPER. The parties agree that no other person shall have the power to appoint the sole arbitrator. The Courts at Chennai alone and the Madras High Court at Chennai shall have the jurisdiction.“
Many Thanks,
Kishore Srinivasan