Back
DELHI HIGH COURT
C.HARI SHANKAR
Ritika Pvt. Ltd. – Appellant
Versus
National Insurance Company Ltd. – Respondent
(Video-Conferencing)
1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator to arbitrate on the disputes between the parties.
2. Though a detailed counter affidavit has been filed, in response to the petition, as Ms. Tuteja correctly points out, the respondent has, in para 17 of the reply, consented to the appointment, by this Court, of a sole arbitrator to arbitrate on the disputes between the parties.
3. There is no appearance on behalf of the respondent, despite the matter having been called out twice. However, as the stand of the respondent is clear from its reply, I have heard Ms. Tuteja, learned Counsel for the petitioner and proceed to dispose of this petition.
4. The averments in the petition make out a case of a dispute amenable to arbitration in accordance with Clause 10 of the Shopkeeper's Insurance Policy, governing the contractual relationship between the petitioner and the respondent, which reads as under:
"Arbitration: If any dispute of difference shall arise as to the quantum to be paid under the Policy (liability being otherwise admitted) such difference shall independently of a
The court determines that consented arbitration is necessary for resolving disputes over quantum under the insurance policy as stipulated in the agreement.
The existence of an arbitration agreement was confirmed, and the dispute was referred to the Delhi International Arbitration Centre for resolution.
Parties consented to arbitration under the Arbitration and Conciliation Act, allowing referral to an arbitrator for dispute resolution, emphasizing procedural efficiency.
The court held that issues of arbitrability can be left to the arbitral tribunal, unless a claim is ex facie barred, and highlighted the limited review to check and protect parties from being forced ....
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.
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....
A sole arbitrator can be appointed by a party if the opposing party defaults on arbitrator appointment, per arbitration clause and judicial precedent.
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
