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CHANDRA DHARI SINGH
Kkh Finvest Private Limited – Appellant
Versus
Sharad Arora – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
ARB.P. 382/2023
1. The instant petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") has been filed on behalf of petitioners seeking the following reliefs:
" A. Pass an order to appoint a sole arbitrator to adjudicate all disputes between the Parties arising out of the Memorandum of Settlement dated 09.05.2022;
B. Pass such other and/or further orders as this Hon'ble Court may deem Fit and proper in the facts and circumstances of the case."
2. Mr. Sandeep Sethi and Mr. Arvind Varma, the learned senior counsels appearing on behalf of the petitioners submitted that the petitioner no. 1 is the strategic investor in the petitioner no. 2 Company, while the respondent no. 1 and 2 are the former promoters of the said Company.
3. It is submitted that a Share Subscription and Share Holders' Agreement was executed between the petitioner no. 1 and the respondent no. 1 and 2 on 27th May 2016. The respondents were responsible to supervise day-to-day affairs of the petitioner no. 2. During the period of the Agreement, several disputes arose between the parties, including breach of non-compete and non-solici
The existence of an arbitration clause in an agreement, the arbitrability of disputes, and the fulfillment of necessary ingredients for the appointment of an arbitrator under the Arbitration Act are ....
The court's decision emphasized the importance of arbitration clauses in settlement agreements and the parties' consensus to refer disputes to an arbitrator.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
Premature petitions under Section 11 of the Arbitration and Conciliation Act, 1996, are not maintainable when a Sole Arbitrator has already been appointed, and unresponsiveness of the current Arbitra....
The court emphasized the arbitrability of the disputes and the appointment of an independent arbitrator to consider all issues raised by the parties.
The court maintains the power to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when parties have existing arbitration clauses in their agreements and pr....
The court confirmed the arbitrability of disputes arising from contractual breaches and appointed a sole Arbitrator as per the Arbitration and Conciliation Act, 1996, ensuring all matters remain open....
The expiration of an arbitrator's mandate due to statutory limits precludes the appointment of a substitute arbitrator under Section 15(2) of the Arbitration Act, 1996.
Appointment of Arbitrator - Issue with respect to arbitrability of dispute is to be decided by Arbitrator.
The court's power to appoint a sole arbitrator under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 and the importance of compliance with Section 12 of the Act before commencing arbit....
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