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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Value Line Interiors Private Limited - Appellant
Versus
Rolling Construction Private Limited - Respondent
Arb.P. 250 of 2021 & I.A. 2535 of 2021 and Arb.P. 253 of 2021 & I.A. 2544 of 2021
Decided On : 18-02-2021
| Table of Content |
|---|
| 1. initiation of arbitration proceedings (Para 1) |
| 2. agreement to refer disputes to arbitration (Para 2) |
| 3. appointment and procedure for the arbitrator (Para 3 , 4 , 5) |
| 4. disposal of petitions (Para 6) |
ORDER
1. These are petitions under Section 11(6) of the Arbitration & Conciliation Act, 1996, for appointment of an arbitrator to arbitrate on the disputes between the parties. The gist of the disputes stand set out in the petitions and, to avoid prolixity, I do not deem it necessary to make reference thereto.
2. Learned Counsel for the respondents have no objection to the disputes being referred to an arbitrator to be appointed by the Delhi International Arbitration Centre who would arbitrate on the disputes under the aegis of the DIAC as per its rules and regulations.
3. Accordingly, the disputes in both these petitions are referred for arbitration to an arbitrator to be appointed by the DIAC. The DIAC, while doing so, may consider the possibility of appointing the same arbitrator to arbitrate in both the matters, as the principal amount involved in Arb.P.250/2021 is less than Rs.10 lakhs.
4. The parties may contact the coordinating officer in the DIAC within 48 hours of receipt, by e-mail, of a copy of this order from the Registry of this Court.
5. The arbitrator, needless to say, would arbitrate in accordance with the rules and regulations of the DIAC and the fees of the arbitrator would also be fixed according to the schedule of fees maintained by the DIAC.
6. Both the petitions stand disposed off accordingly.
Parties consented to arbitration under the Arbitration and Conciliation Act, allowing referral to an arbitrator for dispute resolution, emphasizing procedural efficiency.
The court referred disputes between the parties to arbitration under the Arbitration and Conciliation Act without addressing merits, emphasizing procedural adherence and open questions for the arbitr....
Consent of both parties allows for disputes to be referred to arbitration, reserving all legal questions related to arbitrability and claims for later determination.
A court, under sections 11(5) and (6) of the Arbitration and Conciliation Act, is obligated to appoint an arbitrator when a valid arbitration clause exists and the other party does not oppose the pet....
The court directed the appointment of an arbitrator under the Arbitration and Conciliation Act, reaffirming the binding nature of the arbitration clause within the parties' agreement.
A party's right to appoint an arbitrator can be forfeited if they fail to do so within the agreed timeframe as per the arbitration agreement.
The existence of an arbitration agreement was confirmed, and the dispute was referred to the Delhi International Arbitration Centre for resolution.
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 affirmed the enforceability of arbitration agreements and the necessity to refer disputes for arbitration according to the agreed terms.
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