SURESH KUMAR KAIT
Jagran Prakashan Limited – Appellant
Versus
3Y3 Digital Labs Private Limited – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole arbitrator to adjudicate the disputes with the respondent.
2. Petitioner-company claims to be duly incorporated under the Companies Act, 1956 and involved in the business of News print and publication, Digital Marketing, Online Media, etc. on pan India basis. Petitioner entered into an advertising services agreement with respondent on 06.04.2018, according to which petitioner and respondent had to work jointly towards utilizing respondent’s real time monetization marketplace software (STACK) and respondent’s smart inventory creation program (AXT).
3. It is claimed in the present petition that in consideration to the agreement, petitioner was entitled to raise invoices upon respondent @ USD 0.663 per E CPM based on ad request generated on DFP (Double Click of Publisher). Accordingly, a total sum of USD 107,169.19 was to be paid by the respondent for the period 01.04.2018 to 30.01.2019 However, respondent paid only USD 44136.69 and the balance amount of USD 61681 or Rs.46,15,435/- is still due to the respondent.
4. Learned coun
The court's decision emphasized the importance of consent and lack of objection from both parties in appointing a sole arbitrator.
A party may invoke arbitration for dispute resolution under mutual agreement, and the appointment of an arbitrator is valid when consented by both parties.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
The court's decision highlights the importance of honoring arbitration clauses in agreements and the appointment of arbitrators to resolve disputes.
Non-compliance by a party allows the court to appoint a sole Arbitrator under the Arbitration Act when arbitration notices are ignored.
Appointment of Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The main legal principle established in the judgment is the court's authority to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when a dispute arises and no arbi....
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator to adjudicate disputes between parties when there is an agreement to refer the disputes to arbit....
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