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DELHI HIGH COURT
SURESH KUMAR KAIT
Akash Agrawal – Appellant
Versus
Reckitt Benckiser India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. dispute arises from consultancy agreement and payment issues (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. counsel requests appointment of arbitrator, agreed by both parties (Para 7) |
| 3. appointment of arbitrator and compliance requirements established (Para 8 , 9 , 10) |
| 4. case disposed of with arbitration order (Para 11) |
1. Present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of arbitrator to adjudicate the disputes between the parties under Consultancy Agreement dated 22.10.2019.
2. Petitioner claims to be a leading consultant having experience and specialised knowledge of more than 2 decades in the field of retail including online and institutional business, marketing and brand development. He is engaged in assisting and advising various corporate entities to expand their business and has experience of working with various Fortune 100 Global Brands. The respondent is a company incorporated under the Companies Act, 2013 and is engaged in manufacturing/marketing of diverse range of health, homecare and hygiene products.
3. On 22.10.2019, the petitioner and the respondent entered into a Consultan
The court highlighted the validity of arbitration agreements and the necessity of appointing an arbitrator to resolve disputes when one party fails to fulfill financial obligations under a contract.
Presence of a valid Arbitration Agreement and the appointment of a Sole Arbitrator to resolve disputes arising under the Consultancy Agreement.
In the event of the demise of the sole Arbitrator, a new Arbitrator can be appointed to continue the arbitration proceedings in accordance with Sections 14 & 15 of the Arbitration and Conciliation Ac....
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The necessity to appoint a new Arbitrator is confirmed under Sections 14 and 15 of the Arbitration and Conciliation Act, recognizing the continuation of the arbitration process post-demise of the ori....
Appointment of an arbitrator is essential when disputes arise from contractual agreements and non-compliance with demand notices, reinforcing the obligations under the Arbitration and Conciliation Ac....
Court can appoint a Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 with mutual consent of the parties for efficient dispute resolution.
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996 when the respondent fails to ....
The court asserted that an Arbitrator must be mutually appointed under contract terms to ensure unbiased resolution of disputes, rejecting unilateral appointments.
Unilateral appointment of an Arbitrator is not acceptable as it defeats the purpose of unbiased adjudication of disputes between the parties.
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