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 resolution.

ORDER (Oral)

(Video-Conferencing)

C. Hari Shankar, J.

ARB.P. 145/2021

1. This is a petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 ("1996 Act" for short), for appointment of an arbitrator to arbitrate on the disputes between the parties.

2. The dispute, as set out in the petition, is contained in paras 1 to 24 thereof. As the respondent is not objecting to the appointment of an arbitrator to arbitrate on the disputes, this Court is not burdening the order with a recital of the facts.

3. The Arbitration Clause, in the agreement between the parties, reads thus:

"F. Governing Law & Arbitration

4. Notice invoking arbitration was sent by the petitioner to the respondent on 24th September, 2020, but could not be served. 30 days having elapsed therefrom, the petitioner has moved this Court under Sections 11(5) and 11(6) of the 1996 Act.

5. Ms. Raddhika Khanna, learned Counsel for the respondent, does not oppose reference of the disputes to arbitration. The claim is stated to be in the vicinity of Rs.2.12 crores, apart from interest.

6. Accordingly, this Court appoints Mr. Ravi Kant Chadha, Senior Advocate, as the arbitrator to arbitrate on the disputes between the parties. The contact details of the learned Arbitrator are as under:

Cell No.: 9811024601

E-mail ID: chadhaandassociates@rediffmail.com

7. The learned Arbitrator shall file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference.

8. The learned Arbitrator shall be entitled to charge fees in accordance with the Fourth Schedule to the 1996 Act.

9. With the aforesaid directions, this petition stands allowed and disposed of.