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2023 Supreme(Del) 4724
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
Important Points
Subject
Arbitration Law - Appointment of Sole Arbitrator
Headnote
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.
Mr.Tarang Gupta, Advocate, for the Petitioner.
Ms.Sangeeta Bharti, Standing Counsel and Ms.Malvi Balyan, Advocate, for the Respondent.
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.
