Back
DELHI HIGH COURT
C.HARI SHANKAR
Apaar Infratech Pvt. Ltd. – Appellant
Versus
NHPC Limited – Respondent
| Table of Content |
|---|
| 1. agreement to refer disputes to arbitration (Para 1 , 2) |
| 2. dispute resolution by sfca arbitration (Para 3 , 4) |
| 3. disposal of petition and applications (Para 5 , 6 , 7) |
(video-conferencing)
C. Hari Shankar, J.
O.M.P.(I) (COMM.) 143/2021
1. After some hearing, learned counsel for the parties Dr. Chandra Shekhar on behalf of the petitioner and Mr. Puneet Taneja on behalf of the respondent - NHPC are agreeable to the disputes being referred to arbitration, in accordance with Clause 55.2.2 of the General Conditions of Contract (GCC) governing the agreement between the parties, and for the present petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act"), to be decided by the Arbitral Tribunal.
2. Clause 55.2.2 of the GCC contemplates arbitration by the SCOPE Forum of Conciliation and Arbitration (SFCA), New Delhi in accordance with the Rules of Arbitration of the SFCA and the provisions of the 1996 Act.
3. In view thereof, this petition is disposed of by referring the disputes between the parties, as set out in the petition, to arbitration under the aegis of the SFCA and as per its rules,
The court reinforced the agreement to arbitrate disputes and upheld the procedural rules of arbitration outlined in the General Conditions of Contract.
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 court appointed a retired judge to arbitrate disputes between parties, allowing all issues to remain open for decision under the Arbitration and Conciliation Act, 1996.
The court permitted a petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996, to be decided by the arbitrator.
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.
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.
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 appointed an arbitrator for disputes under the Arbitration and Conciliation Act, affirming the parties' agreement on arbitration without addressing the merits of the controversy.
The court affirms the validity of the arbitration agreement and appoints an arbitrator as the parties consented to resolve disputes via arbitration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
