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IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI SINGH, J.
Surendra Nath Mishra & Anr. - Petitioners
Versus
Gail (India) Ltd. – Respondent
ARB.P. 176 of 2020
Decided On : 06-03-2020
Arbitration - Appointment of Sole Arbitrator - Summary: The court allowed the petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 for the appointment of a Sole Arbitrator. The respondent had no objection to the matter being referred to the Delhi International Arbitration Centre for appointment of the Sole Arbitrator. The court referred the matter to the DIAC for appointment of a Sole Arbitrator and directed that the arbitration proceedings will be conducted under the aegis of the DIAC. The fee of the Arbitrator shall be fixed as per the Fourth Schedule of the Act. The petition was allowed in the specified terms.
Fact of the Case:
The petition was filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 for the appointment of a Sole Arbitrator. The respondent had no objection to the matter being referred to the Delhi International Arbitration Centre for appointment of the Sole Arbitrator.
Finding of the Court:
The court allowed the petition and referred the matter to the DIAC for appointment of a Sole Arbitrator. The court directed that the arbitration proceedings will be conducted under the aegis of the DIAC. The fee of the Arbitrator shall be fixed as per the Fourth Schedule of the Act.
Issues: Appointment of Sole Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996.
Ratio Decidendi: The court found that the respondent had no objection to the matter being referred to the Delhi International Arbitration Centre for appointment of the Sole Arbitrator, and therefore allowed the petition for the appointment of a Sole Arbitrator.
Final Decision: The petition was allowed in the specified terms.
JUDGMENT :
JYOTI SINGH, J.
I.A. 3212/2020
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
ARB.P. 176/2020
1. This is a petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘Act’) for appointment of a Sole Arbitrator.
2. Issue notice.
3. Ms. Purnima Maheshwari, Advocate enters appearance and accepts notice on behalf of the respondent. She submits, on instructions from the respondent, that the respondent has no objection to the matter being referred to the Delhi International Arbitration Centre (hereinafter referred to as ‘DIAC’) for appointment of the Sole Arbitrator.
4. With the consent of the parties, the matter is referred to the DIAC for appointment of a Sole Arbitrator to adjudicate the disputes between the parties. Needless to state that the arbitration proceedings will be conducted under the aegis of the DIAC.
5. The learned Arbitrator so appointed shall give disclosure under Section 12 of the Act before entering upon reference.
6. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.
7. Copy of the order be sent to the DIAC for information and further action.
8. It would be open to the parties to file their respective claims and counter claims before the Sole Arbitrator.
9. Petition is allowed in the aforesaid terms.
I.A. 3213/2020
In view of the orders passed above, no further orders are required to be passed in the present application and the same is accordingly disposed of.
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