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DELHI HIGH COURT
C.HARI SHANKAR
Delhivery Private Limited – Appellant
Versus
SS Supply Chain Solutions Private Limited – Respondent
JUDGMENT
(Video-Conferencing)
1. This is a petition seeking reference of disputes under two agreements, dated 5th April, 2019 and 6th December, 2019, between the petitioner and the respondent, to arbitration.
2. Though, ideally, two petitions would have to be filed as there are two arbitration agreements and, consequently, two arbitral proceedings would be required to be conducted as per the law laid down by the Supreme Court in Duro Felguera S.A. v. Gangavaram Port Ltd., (2017) 9 SCC 729, in order to avoid multiplicity of proceedings, I am entertaining this single petition for both the agreements, especially as the respondent, who has not chosen to file a reply to this petition has, in its reply dated 10th March, 2021 to the notice whereby the petitioner invoked arbitration under the said agreements, not disputed the referability of the controversy to arbitration. The dispute in the present petition appears to be only with respect to the identity of the arbitrator to arbitrate thereon.
3. In view thereof, it is not necessary to set out the substratum of the dispute between the parties in extenso, though it may be said that it is contained in paras 4 to 25 of the petition.
4
The court ruled that arbitration clauses providing unilateral authority for appointing arbitrators are unenforceable under the Arbitration and Conciliation Act, requiring proper appointment procedure....
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.
Parties consented to arbitration under the Arbitration and Conciliation Act, allowing referral to an arbitrator for dispute resolution, emphasizing procedural efficiency.
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.
Common arbitral tribunal can be formed for disputes arising from multiple agreements between the same parties, fostering efficiency under the Arbitration and Conciliation Act, 1996.
The court affirmed the enforceability of arbitration agreements and the necessity to refer disputes for arbitration according to the agreed terms.
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....
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....
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