DELHI HIGH COURT
SURESH KUMAR KAIT
Sital Dass Jewellers – Appellant
Versus
Asian Hotels (North) Ltd. – Respondent
| Table of Content |
|---|
| 1. multiple petitions for arbitrator appointment combined. (Para 1 , 2) |
| 2. factual background of petitioners and agreements. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. arguments regarding possession and arbitration clause. (Para 9 , 10 , 11 , 12) |
| 4. interim arrangement and consideration of both parties. (Para 13 , 14 , 15 , 16) |
| 5. arbitration clause recognition. (Para 17 , 18) |
| 6. final orders and appointment of arbitrator. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
Suresh Kumar Kait, J. The hearing has been conducted through video conferencing.
1. The above captioned first four petitions have been preferred under Section 11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrators for adjudication of disputes between the parties.
2. Since the relief sought by the petitioners in these petitions is more or less similar against a common respondent, therefore, with the consent of counsel for the parties, these petitions have been heard together and are being disposed of by this common order.
3. Petitioner No.1 in the above captioned first petition [ARB. P. 661/2021] is a proprietorship firm at L-81, Shopping arcade, Hotel Hyatt Regency, Bhik
The court established that both parties must mutually agree on the appointment of an arbitrator to ensure unbiased adjudication and upheld the arbitration agreement between the parties.
The court emphasized the unbiased adjudication of disputes between the parties and rejected the contention of the petitioners to appoint an arbitrator of their choice, in line with the legal principl....
Arbitration - Appointment of Arbitrator - Arbitration agreement between the parties and invocation of arbitration are not disputed by respondents - Till Arbitrator enters into reference, respondent s....
The court appointed an arbitrator to resolve disputes arising from license agreements, emphasizing prior rulings and compliance with statutory requirements.
Arbitration - Appointment of Arbitrator - Former Secretary, department of Law and Justice is appointed sole Arbitrator to adjudicate dispute between parties in these petitions.
The court affirmed the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, for disputes arising from an uncontested License Agreement.
The court's decision emphasized the arbitrability of the disputes and the appointment of a sole arbitrator under Section 11(5) of the arbitration and Conciliation act, 1996.
The court confirmed the right to appoint an arbitrator due to the respondent's non-compliance with the terms of the agreement, affirming that the disputes were arbitrable.
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.