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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Akash Builders Thru. A.R. - Appellant
Versus
Union Of India Thru Sr.den -works Northern Railway - Respondent
Arbitration Petition No. 40, 41 of 2021, Miscellaneous Application No. 11503, 11504 of 2021
Decided On : 13-09-2021
Arbitration - Appointment of Arbitrator - The court appointed an arbitrator to arbitrate on the disputes between the parties in accordance with the 1996 Act, leaving all contentions to be urged and contested in the arbitral proceedings.
Fact of the Case:
The petitioner filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to arbitrate on the disputes between the parties.
Finding of the Court:
The court appointed an arbitrator and left all contentions of fact and law, including the arbitrability of the dispute, to be urged and contested in the arbitral proceedings.
Issues: Appointment of arbitrator, reference of disputes to arbitration, and contentions to be urged in the arbitral proceedings.
Ratio Decidendi: The court appointed an arbitrator and allowed all contentions of fact and law, including the arbitrability of the dispute, to be urged and contested in the arbitral proceedings.
Final Decision: The disputes between the parties stand referred to the appointed arbitrator for arbitration, and the petition stands disposed of.
JUDGMENT
C. Hari Shankar, J. - This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("the 1996 Act" in short), for appointment of an arbitrator, to arbitrate on the disputes between the parties.
2. Though Mr. Singh, learned Counsel for the respondent, had initially opposed the reference of disputes to arbitration, on the last date of hearing, i.e. on 9th September, 2021, however, in view of the order passed in ABC Experts & Engineers v Union of India MANU/DE/1700/2021, he agreed to a reference of disputes to arbitration, leaving open, all contentions that his client might seek to urge in its support in the arbitral proceedings.
3. Mr. Singh, has, thereafter, placed on record, the list of arbitrators maintained by the respondent, out of which, Mr. Dubey, learned Counsel for the petitioner had, on instructions, agreed to select the arbitrator to arbitrate on the various disputes.
4. Mr. Dubey has, thereafter, on instructions, agreed to arbitration of the disputes in this petition, by Mr. Shahzad Shah, IRAS (Retd.), who figures at Serial No. 52, of the list of arbitrators maintained by the respondent.
5. Accordingly, the disputes between the parties stand referred to Mr. Shahzad Shah, for arbitration.
6. This court does not express any view on the contentions involved in this matter, and all contentions of fact and law including the arbitrability of the dispute shall remain open to be urged and contested by both sides before the learned Arbitrator.
7. The learned Arbitrator would be entitled to fees, in accordance with the Fourth Schedule of the 1996 Act or as otherwise agreed upon between the parties.
8. The learned Arbitrator would furnish the requisite disclosure under Section 12(2) of the 1996 Act, within a week of entering on reference.
9. With the aforesaid directions, this petition stands disposed of.
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.
The court's decision was based on the provisions of the Arbitration and Conciliation Act, 1996, and the appointment of the arbitrator was in accordance with the legal framework provided by the Act.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
The appointment of an arbitrator is based on the arbitration clause in the agreement, which governs the process for resolving disputes between the parties.
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.
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 affirms the validity of the arbitration agreement and appoints an arbitrator as the parties consented to resolve disputes via arbitration.
The court has jurisdiction to appoint an arbitrator when parties cannot agree, reaffirming the necessity to comply with provisions of the Arbitration and Conciliation Act, 1996.
Parties may appoint an arbitrator by mutual agreement, leading to dispute resolution under the Arbitration and Conciliation Act, emphasizing the need for adherence to due process.
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