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DELHI HIGH COURT
SURESH KUMAR KAIT
Asian Hotels (North) Ltd. – Appellant
Versus
Swatika Jain – Respondent
| Table of Content |
|---|
| 1. procedure for appointment of arbitrator (Para 1 , 2) |
| 2. details of license agreements and dispute (Para 3 , 4 , 5) |
| 3. submission for arbitration (Para 6 , 7) |
| 4. appointment and duties of arbitrator (Para 8 , 9 , 10) |
| 5. conclusion of petitions (Para 11 , 12) |
JUDGMENT
Suresh Kumar Kait, J. (Oral)--The hearing has been conducted through video conferencing.
1. The above captioned petitions have been preferred under Section 11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator 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 in the above captioned petitions is a hotel located in a building complex in the name and style of Hyatt Regency located at Bhikaji Cama Place, New Delhi. Respondent in the first captioned petition [ARB.P.733/2021] is in occupation and use of shop No. U-65-A, located at the Shopping Arcade, Hotel Grand Hyatt located at Bhikaji Cama Place vide Lic
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 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 acceptance of the termination of the License Agreement and the agreement to hand over possession rendered the petition moot, leading to its disposal.
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 can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
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