Back
DELHI HIGH COURT
C.HARI SHANKAR
Meet Pvt. Limited – Appellant
Versus
National Insurance Company – Respondent
| Table of Content |
|---|
| 1. existence of arbitration agreement and disputes (Para 3 , 5 , 6) |
| 2. agreement on arbitration reference by parties (Para 4 , 8) |
| 3. disposal of petition and arbitration appointment (Para 9 , 10) |
(Video-Conferencing)
I.A.5574/2021 (exemption)
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
ARB.P. 505/2021
3. This is a petition under Section 11(6) of the Arbitration & Conciliation Act, 1996, for appointment of an arbitrator, to arbitrate on the disputes between the parties.
4. Learned Counsel for the respondent fairly states that he does not oppose the request for reference of the disputes to arbitration.
5. The substratum of the dispute is set out in sub-paras (a) to (k) of para 11 of the petition. However, as learned Counsel for the respondent does not contest the arbitrability of the dispute or the existence of the arbitration agreement, it is not necessary to set out the contents of the said paragraphs.
6. The agreement between the parties contains the following arbitration clause:
"13. If any dispute or difference shall arise as to quantum to be paid under this policy (liability being otherwise ad
The existence of an arbitration agreement was confirmed, and the dispute was referred to the Delhi International Arbitration Centre for resolution.
The court determines that consented arbitration is necessary for resolving disputes over quantum under the insurance policy as stipulated in the agreement.
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.
Parties consented to arbitration under the Arbitration and Conciliation Act, allowing referral to an arbitrator for dispute resolution, emphasizing procedural efficiency.
The court affirmed the enforceability of arbitration agreements and the necessity to refer disputes for arbitration according to the agreed terms.
Consent of both parties allows for disputes to be referred to arbitration, reserving all legal questions related to arbitrability and claims for later determination.
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 referred disputes between the parties to arbitration under the Arbitration and Conciliation Act without addressing merits, emphasizing procedural adherence and open questions for the arbitr....
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....
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
