Back
SANJEEV SACHDEVA
Leaseplan India Private Limited – Appellant
Versus
Sagar Tour And Travels And Another – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - Petitioner seeks appointment of an arbitral tribunal in terms of lease agreement dated 24.04.2018 particularly clause 10.2.
2. Clause 10.2 reads as under:-
10.2 (i) arbitration:
all disputes, differences, claims and demands arising under pursuant to or concerning this agreement shall be referred to arbitration in accordance with the provisions of the arbitration & Conciliation act, 1996 or any statutory amendment or re amendment of re-enactment thereof, subject to following rules:
(a) arbitration shall be conducted by a sole arbitrator to be appointed by LPIN.
(b) The language of arbitration shall be English and place or arbitration shall be Delhi.
(c) The respective costs of arbitration shall be borne equally by the parties in the first instance, however, the successful party shall be entitled to the costs of arbitration including legal and recovery costs.
(d) The award shall be speaking award and shall be binding on the parties.
(ii) Jurisdiction:
Subject to 10.2 (i), the law of India shall govern this agreement. The courts in New Delhi shall have exclusive jurisdiction in respect of any matter, claim or dispute arising out of or in any way, relating to thi
The court upheld the arbitration clause in the lease agreement and allowed the appointment of an arbitral tribunal in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The arbitration clause in a lease agreement mandates referral of disputes for arbitration under the Arbitration and Conciliation Act, while proper service of notices is confirmed when no contradictio....
The court referred the lease agreement disputes to arbitration at the Delhi International Arbitration Centre, following the respondent's non-objection to this referral.
The central legal point established in the judgment is the appointment of a Sole Arbitrator in accordance with the arbitration clause, the objection to unilateral appointment, and the agreement betwe....
The court's decision was guided by the existence of the arbitration agreement and the consent of the parties, as well as the provisions of the Arbitration and Conciliation Act, 1996.
The court must appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when there is mutual consent and an existing arbitration agreement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
