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IN THE HIGH COURT OF DELHI AT NEW DELHI
Yogesh Khanna, J.
M/s Metrro Waste Handling Private Limited – Appellant
Versus
Delhi Jal Board – Respondent
Arb.P. 353 of 2023, I.A. 8777 of 2023
Decided On : 03-07-2023
Arbitration - Appointment of Sole Arbitrator - Summary: The court appointed a sole arbitrator to arbitrate the disputes between the parties based on the contract clause and the agreement of both parties. The arbitration proceedings will be under the aegis of Delhi International Arbitration Centre (DIAC) with the arbitrator's fees fixed as per the DIAC schedule.
Fact of the Case:
The petitioner filed a petition under Section 11 of the Arbitration and Conciliation Act for the appointment of an arbitral tribunal to arbitrate the disputes between the parties.
Finding of the Court:
The court appointed Mr. Justice Talwant Singh (Retd.) as the sole arbitrator to arbitrate the disputes between the parties, leaving the rights and contentions of the parties open. The petition and any pending application were disposed of.
Issues: Appointment of Arbitral Tribunal
Ratio Decidendi: The court relied on the contract clause and the agreement of both parties to appoint a sole arbitrator to arbitrate the disputes.
Final Decision: The petition for the appointment of an arbitral tribunal was granted, and Mr. Justice Talwant Singh (Retd.) was appointed as the sole arbitrator to arbitrate the disputes between the parties.
JUDGMENT
Yogesh Khanna, J. This petition is filed by the petitioner under Section 11 of Arbitration and Conciliation Act for appointment of arbitral tribunal to arbitrate the disputes/differences between the parties.
2. The learned counsel for petitioner has referred to clause No.18.1.2 in the contract dated 17.11.2017. The learned counsel for respondent also agrees to the appointment of sole arbitrator to arbitrate the disputes between the parties.
3. Accordingly, Mr. Justice Talwant Singh (Retd.) is hereby appointed as a sole arbitrator to arbitrate the disputes between the parties. The rights and contentions of the parties are left open. The arbitration proceedings shall be under the aegis of Delhi International Arbitration Centre (DIAC). The fees of the arbitrator shall be fixed as per schedule prescribed by the DIAC.
4. In view of above, the petition stands disposed of. Pending application, if any, also stands disposed of. A copy of this order be communicated to the sole arbitrator. Order dasti.
The court's authority to appoint a sole arbitrator based on the contract clause and the agreement of both parties.
The court's decision was based on the interpretation of the Dispute Resolution clause in the Contract Agreement and the provisions of Section 11 of the Arbitration and Conciliation Act, 1996.
Parties consented to arbitration under the Arbitration and Conciliation Act, allowing referral to an arbitrator for dispute resolution, emphasizing procedural efficiency.
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....
The court has the authority to appoint a sole Arbitrator in accordance with the Arbitration Clause forming a part of the Contract.
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
The court's decision was based on the existence of the Arbitration Agreement and the non-dispute by the respondent of the referability of disputes to arbitration.
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