Delhi High Court Appoints Arbitrator To Adjudicate Disputes Between Cricketer Yuvraj Singh, Developer Over Personality Rights Violation
The Delhi High Court has appointed an arbitrator to adjudicate disputes between Cricketer Yuvraj Singh and a developer over alleged violation of his privacy rights while promoting a real estate project and failure to adhere to the timeline for delivery of possession of an apartment in the project in the national capital.Justice C Hari Shankar appointed Advocate Mukesh Gupta, former Vice...
The Delhi High Court has appointed an arbitrator to adjudicate disputes between Cricketer Yuvraj Singh and a developer over alleged violation of his privacy rights while promoting a real estate project and failure to adhere to the timeline for delivery of possession of an apartment in the project in the national capital.
Justice C Hari Shankar appointed Advocate Mukesh Gupta, former Vice Chairman of the Central Administrative Tribunal (CAT) as the arbitrator.
The court said that the arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations.
“The learned arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. The learned arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference,” the court said.
It said that all questions of fact and law are left open to be adjudicated in the arbitral proceedings, clarifying that the court has not expressed any opinion on the issue in controversy either preliminary or on the merits of the matter.
Justice Shankar disposed of Singh's pleas seeking the appointment of an arbitrator filed under Section 11 of the Arbitration and Conciliation Act.
In June, Singh sent two notices invoking arbitration to the developer M/s Brilliant Etoile Private Limited. The cricketer is represented by Rizwan Law Associates, a law firm headed by Advocate Rizwan.
In the notice concerning his privacy violation, Singh said that the developer had misused his brand value and contravened the terms of the Memorandum of Understanding entered between the parties on November 24, 2020.
As per the MoU, Singh was to promote and endorse the project in question. The MoU expired on November 23 last year.
Singh is aggrieved by the alleged continued commercial use of the services provided by him, including the use of his photographs on billboards, project site, social media posts, articles etc. despite the expiry of the MoU.
This, as per the cricketer, is in complete violation of his Copyright, Personality Rights, and Right to Publicity enshrined under the laws and protected as his Intellectual Property Rights.
The second notice concerning possession of a flat in the project states that the developer has failed to adhere to the timeline and schedule of delivery and thus acted in contravention of the Agreement to Sale.
The Memorandum of Understanding was executed between Singh and the developer for the promotion, endorsement and marketing of a real estate project under the name 'Sky Mansion' and displaying the name 'Risland'.
Singh alleged that the developer compromised on the quality of the material used in the apartment and downgraded the quality of fittings, furnishings, lighting and finishing.
The cricketer has further alleged that the promises, escalated price charged more than the actual market price and poor and unhygienic surroundings by the developer is in violation of the terms of the Agreement to Sale.
Counsel for Petitioner: Mr. Rizwan, Ms. Sachi Chopra, Mr. Azadar Husain, Ms. Nistha Sinha, Mr. V. Anand and Ms. Yashi Bajpai, Advocates
Counsel for Respondent: Mr. Neeraj Singh and Mr. Gulati, Adv. for R1; Mr. Vijay Nair, Mr. Manoranjan Sharma and Mr. Manmeet Singh Nagpal, Adv. for R2
Title: YUVRAJ SINGH BUNDHEL v. M/S BRILLIANT ETOILE PRIVATE LIMITED
Citation: 2024 LiveLaw (Del) 882