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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Ultra Mega Power Pvt Ltd - Appellant
Versus
Hbl Power Systems Limited - Respondent
Arbitration Petition No. 338 of 2021, Miscellaneous Application No. 3535 of 2021
Decided On : 15-11-2021
Arbitration - Appointment of Arbitrator - The court referred the disputes between the parties to the Delhi International Arbitration Centre (DIAC) for appointment of a suitable arbitrator and directed that the arbitration shall take place under the aegis of the DIAC and abide by its rules and regulations.
Fact of the Case:
The petition sought appointment of an arbitrator to arbitrate on the dispute between the parties.
Finding of the Court:
The court disposed of the petition by referring the disputes to the Delhi International Arbitration Centre (DIAC) for appointment of a suitable arbitrator and directed that the arbitration shall take place under the aegis of the DIAC and abide by its rules and regulations.
Issues: Appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996
Ratio Decidendi: The court decided to refer the disputes to the Delhi International Arbitration Centre (DIAC) for appointment of a suitable arbitrator and directed that the arbitration shall take place under the aegis of the DIAC and abide by its rules and regulations without entering into the merits of the disputes.
Final Decision: The disputes between the parties were referred to the Delhi International Arbitration Centre (DIAC) for appointment of a suitable arbitrator and the arbitration shall take place under the aegis of the DIAC and abide by its rules and regulations.
JUDGMENT
C. Hari Shankar, J. - ARB.P. 338/2021 & I.A. 3535/2021 (for condonation of delay of 54 days in re-filing)
1. This petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("1996 Act") seeking appointment of an arbitrator to arbitrate on the dispute between the parties.
2. Mr. Krishna Kumar Singh, learned Counsel for the respondent, has no objection if the dispute is referred to arbitration without prejudice to all his contentions in response to the submissions of the petitioner.
3. Accordingly, without entering into the merits of the disputes, and keeping all questions of fact and law open for decision by the learned Arbitrator, this petition is disposed of by referring the disputes between the parties to the Delhi International Arbitration Centre (DIAC), which would appoint a suitable arbitrator to arbitrate thereon.
4. The arbitration shall take place under the aegis of the DIAC and would abide by its rules and regulations.
5. The arbitrator would also be entitled to charge fees in accordance with the schedule of fees stipulated by the DIAC.
6. The arbitrator would furnish the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference.
7. All pending applications are also disposed of in the aforesaid terms.
The court referred disputes between the parties to arbitration under the Arbitration and Conciliation Act without addressing merits, emphasizing procedural adherence and open questions for the arbitr....
The court has the authority to appoint an arbitrator on behalf of a party if the other party fails to appoint its arbitrator within the specified period, as per the arbitration clause in the agreemen....
Parties consented to arbitration under the Arbitration and Conciliation Act, allowing referral to an arbitrator for dispute resolution, emphasizing procedural efficiency.
Consent of both parties allows for disputes to be referred to arbitration, reserving all legal questions related to arbitrability and claims for later determination.
A party's right to appoint an arbitrator can be forfeited if they fail to do so within the agreed timeframe as per the arbitration agreement.
A court, under sections 11(5) and (6) of the Arbitration and Conciliation Act, is obligated to appoint an arbitrator when a valid arbitration clause exists and the other party does not oppose the pet....
The court's decision emphasized the appointment of an arbitrator and the allowance of all contentions to be urged and contested in the arbitral proceedings.
Appointment of an arbitrator in instances where the respondent does not object to arbitration is valid under the Arbitration and Conciliation Act, emphasizing the importance of efficient dispute reso....
The court appointed an arbitrator to resolve disputes as per the arbitration clause in the agreement, emphasizing that the parties are bound to arbitrate their disagreements.
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