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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Career Launcher Infrastructure Private Limited - Appellant
Versus
Nalanda Foundation - Respondent
O.M.P.(I) (COMM.) 245 of 2020
Decided On : 15-02-2021
| Table of Content |
|---|
| 1. appointment of an arbitrator. (Para 1) |
| 2. treatment of the petition as an application under section 17. (Para 2) |
| 3. permission to file an application before the arbitrator. (Para 3) |
| 4. disposition of the petition. (Para 4) |
(Video-Conferencing)
1. It is informed by learned counsel for the parties that by order dated 3rd February, 2021 in Arb. Pet. 155/2021, an arbitrator has been appointed to arbitrate on the disputes between the parties, and that the learned arbitrator has fixed the first hearing in the matter today.
2. In view thereof, it would be appropriate that the present petition is treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act") and decided by the learned arbitrator.
3. Accordingly, the petitioner is permitted to file the present petition, before the learned arbitrator as an application, under Section 17 of the 1996 Act. Learned arbitrator would take a decision thereon in accordance with law after hearing the parties.
4. Accordingly, this petition stands disposed of.
The court permitted a petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996, to be decided by the arbitrator.
The court allowed the disposal of the petition by treating it as an application under Section 17 of the Arbitration & Conciliation Act, thereby enabling the arbitral tribunal to decide the matter.
The court appointed a retired judge to arbitrate disputes between parties, allowing all issues to remain open for decision under the Arbitration and Conciliation Act, 1996.
Parties agreed to refer disputes to arbitration under Section 17 of the Arbitration and Conciliation Act, 1996; interim directions remain operational until arbitrator's decision.
Parties are permitted to raise applications under Section 17 of the Arbitration and Conciliation Act before the Arbitral Tribunal once constituted.
Parties may appoint an arbitrator by mutual agreement, leading to dispute resolution under the Arbitration and Conciliation Act, emphasizing the need for adherence to due process.
The court affirmed that parties can mutually consent to arbitration under the Arbitration and Conciliation Act, with obligations on the arbitrator to ensure expeditious resolution of disputes.
The court reinforced the agreement to arbitrate disputes and upheld the procedural rules of arbitration outlined in the General Conditions of Contract.
Disputes under the Arbitration and Conciliation Act can be referred to arbitration with both parties' agreement, confirming the maintainability of applications before the arbitrator.
Disputes may be referred to arbitration even when parties disagree on the identity of the arbitrator; allegations in arbitration petitions are irrelevant to the court's decision on referral.
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