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Arbitration and Appraisal: Rent Reset Issues
Tony Sevelka
International Valuation Consultants Inc., Suite 38, Matheson Mews, 2601 Matheson Boulevard East, Mississauga, Ontario L4W 5A8 Canada. E-mail: info@intval.com | ORCID: https://orcid.org/0000-0002-2210-421X
Journal of Policy & Governance, 03(02) (December 2023), 1-16. https://doi.org/10.33002/jpg030201
Received: 30 October 2023
Published: 31 December 2023
Reviewed: 11 December 2023
Accepted: 18 December 2023
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Commercial leases often contain arbitration clauses to address disputes between a landlord and tenant. One of the most common disputes arbitrated centers on the determination of market rent or rent as defined or described in the lease, when the parties are unable to reach agreement through negotiation. Often the arbitration clause in the lease will dictate that an appraiser possessing certain professional qualifications and experience is to be selected and mutually appointed or party-appointed if an arbitral panel is contemplated. A determination of the rent to be fixed by the arbitrator or arbitral panel either during the term of the lease or at the end of the lease pursuant to an option to extend or renew the lease often requires evidence from real estate professionals, which typically include valuators. An appraiser appropriately qualified to act as an arbitrator, coupled with an effective appraisal strategy, should reduce the time required to complete the arbitration, and result in cost savings to both parties. Depending on the jurisdiction in which the property is located, the complexity of the valuation issue(s) or the amount of rent in dispute, it may be appropriate for each party to have its own appraisal report independently reviewed by a qualified appraiser prior to the arbitration. This article explores the decision to arbitrate and some of the issues encountered through the presentation of case studies, the role of an appraiser as an arbitrator, and the expectations of an appraiser acting as an expert witness.
Keywords: Arbitration; Rent; Rent reset; Lease; Landlord; Tenant
Blankley, K. M. (2014). Lying, Stealing, and Cheating: The Role of Arbitrators as Ethics Enforcers.
Carneghi, C. (1999). Appraisal Arbitration: The Role of the Real Estate Appraiser in Resolving Value
Disputes. The Appraisal Journal, 1999(April), 119-125.
Celik, D. D. (2013). Judicial Review under the UK and US Arbitration Acts: Is Arbitration a Better
Chalk, J. A. (2019). Award Writing: Clear, Concise, and Complete. State Bar of Texas, Arbitration
Kirchner, R. J. (2014). Land Rent Reset Arbitration in Hawaii: Credibility and Transparency. The
Konikoff, P. K. (2022). Appraisers in Arbitration, Second Edition. Chicago, USA: Appraisal Institute.
Sevelka, T. (1996 and 1997). Appraisal Review: An Emerging Discipline, Parts l & ll. The Canadian
Sevelka, T. (2011). Ground Leases: Rent Reset Valuation Issues. The Appraisal Journal, 2011(Fall),
Sevelka, T. (2020). Long-Term Leases: Rent Reset Analysis. The Appraisal Journal, 2020(Winter), 30-
Sorenson, R. C. (2010). Appraising the Appraisal: The Art of Appraisal Review, 2nd ed., Chicago,
USA: Appraisal Institute.
Thayer, D., & Smith, M.K.L. (2012). Binding mediation, a trap for the unwary. THERECORDER,
136(31), July 30, 2012. Retrieved from https://jenner.com/system/assets/publications/10484/original/501081203_Jenner_.pdf?1348064604 [accessed on 23 November 2023].
Sevelka, T. (2023). Arbitration and Appraisal: Rent Reset Issues. Journal of Policy & Governance, 03(02), 1-16. https://doi.org/10.33002/jpg030201
Sevelka, T. (2023). Arbitration and Appraisal: Rent Reset Issues. Journal of Policy & Governance, 03(02): 1-16. Doi: https://doi.org/10.33002/jpg030201
Sevelka T. Arbitration and Appraisal: Rent Reset Issues. Journal of Policy & Governance, 2023, 03 (02), 1-16. https://doi.org/10.33002/jpg030201
Sevelka, Tony. 2023. “Arbitration and Appraisal: Rent Reset Issues”. Journal of Policy & Governance, 03 no. 02: 1-16. https://doi.org/10.33002/jpg030201
Sevelka, Tony. 2023. “Arbitration and Appraisal: Rent Reset Issues”. Journal of Policy & Governance, 03 (02): 1-16. https://doi.org/10.33002/jpg030201
| Crossref: | https://doi.org/10.33002/jpg030201 |
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| Academia.edu: | https://www.academia.edu/122089170/Arbitration_and_Appraisal_Rent_Reset_Issues |
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