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IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Ram Charan Bansal - Appellant
Versus
Govt. of NCT of Delhi - Respondent
ARB.P. 488 of 2019
Decided On : 31-10-2019




Consent of the parties is essential for appointing an independent Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, ensuring adherence to established procedural frameworks.

Headnote:(A) Arbitration & Conciliation Act, 1996 - Section 11(6) - Petition for appointment of independent Arbitrator - The parties consented to the appointment of an Arbitrator for arbitration proceedings regarding a Letter of Acceptance dated 16.02.2018 - The appointment will be conducted under the aegis of the Delhi International Arbitration Centre as per the Rules and Procedure framed thereunder. (Paras 1, 3, 6)

(B) Consent of Parties - Respondents indicated no objection to the appointment, consenting to arbitration proceedings. (Para 2)

Facts of the case:
The petition was filed for appointing an independent Arbitrator regarding the claims related to desilting work on various roads as per the specified Letter of Acceptance dated 16.02.2018.

Findings of Court:
The court referred the case for arbitration to the Delhi International Arbitration Centre, stipulating an appearance date and adherence to the Rules and Procedure set by the DIAC.

Issues: The primary issue addressed was the appointment of an independent Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996.

Ratio Decidendi: The court emphasized the need for a consent-based appointment of an Arbitrator and adherence to statutory regulations and procedural frameworks for arbitration under the Act.

Result: Petition disposed of in the terms mentioned.

Table of Content
1. petition under section 11(6) of the act for arbitrator appointment. (Para 1)
2. respondents consent to the appointment of an arbitrator. (Para 2)
3. procedures for arbitration conducted under diac. (Para 3 , 4 , 5)
4. petition disposed of as directed. (Para 6)

JUDGMENT

Jyoti Singh, J.(Oral)--This is a petition filed on behalf of the petitioner under Section 11(6) of the Arbitration & Conciliation Act, 1996 (`Act') seeking appointment of an independent Arbitrator for adjudication of the claims of the parties with respect to Letter of Acceptance dated 16.02.2018 for work of A/R & M/O to various roads under Division SWR-II, PWD during 2017-18 (SH: Desilting of Storm water Drain by Super Sucker Machines of Sub Divn-23 (Najafgarh Bijwasan Road & Jhatikra Road).

2. Mr. Anupam Srivastava, Additional Standing Counsel appearing for the respondents, on instructions from Mr. S.N. Meena, Chief Engineer, submits that the respondents have no objection to the appointment of the Arbitrator.

3. With the consent of the parties, the parties are referred to the Delhi International Arbitration Centre (`DIAC'). The parties will appear before the DIAC on 13th December, 2019 at 2 p.m. Arbitration will be conducted under the aegis of DIAC and as per the Rules and Procedure framed thereunder.

4. The Arbitrator will give disclosure under Section 12 of the Act before entering upon reference.

5. Fee of the Arbitral Tribunal shall be as per the Fourth Schedule of the Act.

6. Petition is disposed of in the above terms.

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