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Arbitrator for Advisory Fee Disputes Arising Out of Term Sheet for Financing Real Estate

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Comments on the post of Aditya Trivedi and the Judgment of the High Court of Bombay in Commercial Arbitration Application No.620 of 2026 of Nisus Finance Services Co. Ltd and another   Vs.  Blisvins Realty Private Limited and others

Arbitrator for Disputes Arising out of Advisory Fee Agreement linked to the Term Sheet for Financing Real Estate Project.

By the present Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”), the Applicants seek appointment of a sole arbitrator to decide the disputes and differences between the Applicants and the Respondents arising out of the Term Sheet dated 15 December 2025, read with the Advisory Fee Letter Agreement dated 18 December 2025, in respect of finance by way of structured debt funding for the real estate project “Treasure Palms Phase 1”.

The Applicant No.2 has not signed the Advisory Fee Agreement.  However, the Advisory Fee Letter dated 18 December 2025 identifies NiFCO and/or its associates as the Exclusive Advisor. The letter mentions the fees payable for the said work.

Clause 25 of the Term Sheet provided for arbitration.

The Applicants are the financial advisory entities specialising in arranging finance for infrastructure projects.  The respondents failed to pay the agreed advisory fees under the Advisory Fee Letter Agreement.

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