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BHARATI DANGRE
K Sera Sera Box Office Pvt. Ltd – Appellant
Versus
City Services – Respondent
| Table of Content |
|---|
| 1. existence of arbitration agreements leads to dispute resolution. (Para 1 , 2) |
| 2. disputes arose regarding the arbitration terms and content. (Para 3) |
| 3. both parties acknowledged arbitration agreement but disagreed on arbitrator. (Para 4 , 5) |
| 4. authority of the court to appoint an arbitrator. (Para 6) |
| 5. disposition of the petition and application with orders for arbitration. (Para 7) |
JUDGMENT :
Bharati Dangre, J.
Arbitration application under section 11 and petition filed under section 9 of the Arbitration and Conciliation Act, 1996, seek distinct reliefs.
Dealing with the application seeking appointment of the Arbitrator, in the wake of the Arbitration clause, contained in three distinct agreements executed on the very same day i.e. 18/12/2021, in form of a Franchise Agreement, Content Agreement and Franchisee Food Business and Safety Agreement, all the three comprising of a clause for resolving the disputes arising between the parties.
The said agreements being identically worded unequivocal, make it imperative for the parties to refer their disputes to arbitration and contemplate the outcome of the disputes in form of award, to be binding on both the parties.
The arbi
The main legal point established in the judgment is the necessity to adhere to the arbitration clause in the contract and the failure of the respondent to appoint an arbitrator in accordance with the....
The court reaffirmed that the existence of an arbitration agreement is sufficient for the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
The court affirmed the authorization of arbitration under multiple agreements and allowed for consolidated arbitration for similar disputes while ensuring all legal defenses remain open.
Learned Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
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