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NAVIN CHAWLA
SMS Auto Leasing India Private Limited – Appellant
Versus
New Morning Star Travels – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the 'Master Lease Agreement' dated 13.12.2018 (hereinafter referred to as the 'MLA') executed between the parties.
2. The Arbitration Agreement between the parties is contained in Clause 25.1 of the MLA, which is reproduced herein below:
"25. 1 Dispute Resolution
(i) If any dispute arises between the Parties during the Agreement Term or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of this Agreement or regarding any question, including the question as to whether the termination of this Agreement by one party has been legitimate, the Parties shall endeavour to settle such dispute amicably within 30 (thirty) days of a dispute being raised by a Party and brought to the attention of the other Party ("Consultation Period").
(ii) However, in case the dispute still persists and is not amicably resolved with the Consultation Period, both
The proper invocation of an Arbitration Agreement and the non-supersession of an existing agreement by a subsequent settlement were central legal principles established in the judgment.
The court affirmed that the inquiry under Section 11(6) of the Arbitration Act is restricted to the existence of an arbitration agreement, allowing disputes to proceed to arbitration without mandator....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
The Court emphasized that all disputes and questions of maintainability should be settled together by the arbitrator, and the Court should not venture into the plea of limitation and other issues rai....
The main legal point established in the judgment is the limited scope of a legal drill under Section 11 of the Arbitration and Conciliation Act, 1996, and the expeditious disposal of petitions under ....
The main legal point established in the judgment is the court's authority to appoint a Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and the discretion to leave disp....
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