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DELHI HIGH COURT
C.HARI SHANKAR
Pothens Vehicles and Service Pvt. Limited – Appellant
Versus
Honda Cars India Limited – Respondent
| Table of Content |
|---|
| 1. referring the matter to arbitration under section 17. (Para 1 , 13 , 14 , 15 , 16) |
| 2. dispute regarding arbitrator's identity. (Para 2 , 3 , 4) |
| 3. court's non-intervention in arbitration allegations. (Para 5 , 6) |
| 4. appointment of arbitrator and fee structure. (Para 8 , 9 , 10) |
| 5. disposal of application as per prior order. (Para 11 , 12) |
(video-conferencing)
C. Hari Shankar, J.
ARB.P. 501/2021 & I.A. 5498/2021 (Section 151 CPC) O.M.P.(I) (COMM.) 117/2021
1. With consent of parties, these matters are being disposed of at this stage.
2. ARB.P. 501/2021 under Section 11 (6) of the Arbitration and Conciliation Act, 1996 ("1996 Act"), seeks appointment of an arbitrator to arbitrate on the disputes between the parties. Dr. George, learned counsel for the petitioner, has invited my attention to a communication dated 1st April, 2021, by the respondent through counsel, in response to the notice invoking arbitration, issued by the petitioner. A reading of this letter indicates that the respondents were agreeable to the disputes being referred to arbitration, but were not agreeable to arbitration by the arbitrator suggested by the petitioner. The respondents, in
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.
The court's decision emphasized the appointment of an arbitrator and the allowance of all contentions to be urged and contested in the arbitral proceedings.
The court affirmed the authorization of arbitration under multiple agreements and allowed for consolidated arbitration for similar disputes while ensuring all legal defenses remain open.
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.
Disputes under the Arbitration and Conciliation Act can be referred to arbitration with both parties' agreement, confirming the maintainability of applications before the arbitrator.
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 arbitration process is governed by mutual consent, allowing parties to appoint an arbitrator and seek interim relief under Sections 12(2) and 17 of the Arbitration and Conciliation Act, 1996.
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