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DELHI HIGH COURT
C.HARI SHANKAR
Daulat Singh Consulting Private Limited – Appellant
Versus
Gateway Rail Freight Limited – Respondent
| Table of Content |
|---|
| 1. lease and arbitration agreement details. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. details of disputes and notifications. (Para 8) |
| 3. initiation of arbitration process. (Para 9 , 10 , 11) |
| 4. arguments regarding arbitration clause. (Para 12 , 13) |
| 5. appointment of arbitrator and open issues. (Para 14 , 15 , 16) |
| 6. conclusion and order of the court. (Para 17 , 18 , 19 , 20) |
(Video-Conferencing)
1. This is a petition, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), seeking reference of the disputes, between the petitioners and the respondents, to arbitration.
2. The requisite notice invoking arbitration, was sent by the petitioner to respondents on 3rd June, 2020.
3. Though learned counsel are, ad idem, agreeable to the disputes being referred to arbitration (with a reservation by Respondent No. 2, to which I would presently allude), it may be appropriate to provide a brief conspectus of the factual matrix in which the dispute arises.
4. On 23rd June, 2011, a lease agreement was executed between the petitioner and Respondent No. 1, whereby the property located at SF-7, Second Floor, D-2, Souther
The court determined that disputes arising from multiple agreements related to a lease are arbitrable, appointing an arbitrator to resolve questions of applicability and obligations under the agreeme....
The court must appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when there is mutual consent and an existing arbitration agreement.
The main legal point established in the judgment is the limited scope of a legal drill under Section 11 of the Arbitration and Conciliation Act, 1996, and the expeditious disposal of petitions under ....
The central legal point established is the arbitrability of the dispute as per the terms of the Lease Deed and the court's authority to appoint an arbitrator under Section 11(6)(a) of the Arbitration....
The court affirmed that the inquiry under Section 11(6) of the Arbitration Act is restricted to the existence of an arbitration agreement, allowing disputes to proceed to arbitration without mandator....
The court held that financial hardship cannot prevent arbitration based on a valid arbitration agreement if an arbitrable dispute is present.
The court held that disputes arising from a lease agreement, including claims related to force majeure, should be resolved through arbitration when both parties consent to arbitration.
The court may issue notice to a respondent in a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, when an arbitration clause has been invoked and the respondent has failed t....
The court appointed an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, reaffirming that disputes regarding lease agreements and arbitration initiation can be resolved th....
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