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DELHI HIGH COURT
C.HARI SHANKAR
Girdhar Impex Limited – Appellant
Versus
A and A Automobiles Private Limited – Respondent
| Table of Content |
|---|
| 1. petition for arbitration appointment under arbitration act (Para 1 , 2 , 3) |
| 2. acknowledgment of arbitration agreement and openness to arbitrate (Para 4) |
| 3. agreement on retired judge as arbitrator (Para 5) |
| 4. disposal of petition by referring dispute to arbitration (Para 6 , 7 , 8 , 9) |
1. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 ("1996 Act"), seeking intervention of the Court to appoint an arbitrator to arbitrate on the disputes between the parties.
2. The substance of the dispute, as set out in the petition, and without prejudice to the rights of the respondent to contest the stand of the petitioner on facts as well as in law, is to be found in paras 4 to 29 of the petition, which, to maintain brevity, are not being reproduced here, as the respondent does not dispute the existence of an arbitration agreement. He, however, prays that the issue of arbitrability of the disputes may be kept alive to be decided by the learned arbitrator, to which learned counsel for the petitioner is agreeale.
3. The provision for resolution of the disputes between the parties is to be found in Clause 8 of the L
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 court has the authority to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and the appointed arbitrator must adhere to the provisions of the Act in resolv....
Appointment of an arbitrator in instances where the respondent does not object to arbitration is valid under the Arbitration and Conciliation Act, emphasizing the importance of efficient dispute reso....
The court appointed an arbitrator to resolve disputes as per the arbitration clause in the agreement, emphasizing that the parties are bound to arbitrate their disagreements.
The court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when amicable resolution of disputes fails.
The court affirms the validity of the arbitration agreement and appoints an arbitrator as the parties consented to resolve disputes via arbitration.
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.
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