IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
GTL Infrastructure Limited - Appellant
Versus
Bharat Sanchar Nigam Limited - Respondent
Arb.P. 512 of 2020
Decided On : 07-04-2021

The court ordered reference to arbitration between the parties due to mutual consent, affirming the arbitrator's authority to resolve all issues related to the dispute.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Reference to arbitration - Court orders the arbitration of disputes concerning GTL Infrastructure Limited and Bharat Sanchar Nigam Limited as both parties agreed to the reference in light of the appointment of Hon'ble Mr. Justice Madan B. Lokur as the arbitrator. (Paras 2, 3, 4)

(B) Jurisdiction of Arbitrator - The learned arbitrator has the authority to resolve all issues of fact and law associated with the dispute. This order does not preclude the parties from contesting their rights in accordance with law. (Paras 7, 8)

Facts of the case:
The petition concerns a dispute between GTL Infrastructure Limited and Bharat Sanchar Nigam Limited, where the respondent expressed no objection to the arbitration request, leading the court to refer the matter to an appointed arbitrator.

Findings of Court:
The court found that the arbitration reference was appropriate and that the arbitrator would charge fees following the Fourth Schedule to the Arbitration and Conciliation Act, 1996.

Issues: The key issues highlighted were the mutual agreement for arbitration and the jurisdiction of the appointed arbitrator to resolve disputes.

Ratio Decidendi: The court emphasized the necessity of arbitration in this instance due to mutual consent and confirmed that the arbitrator has comprehensive authority to deal with all aspects of the dispute.

Result: Petition disposed of, with disputes referred to arbitration.