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DELHI HIGH COURT
C.HARI SHANKAR
Visions Aproprietorship Concern – Appellant
Versus
Mega Mall Condominium Association – Respondent
| Table of Content |
|---|
| 1. definition and terms of the arbitration clause. (Para 1) |
| 2. factual details regarding the notice and claim amount. (Para 2 , 3) |
| 3. counsel arguments concerning arbitration consent. (Para 4 , 5) |
| 4. clarification on parties’ roles in arbitration. (Para 6) |
| 5. court's decision to refer disputes to arbitration. (Para 7 , 8 , 9 , 10) |
| 6. conclusion on the petition with costs. (Para 11) |
(Video-Conferencing)
1. This is a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 ("1996 Act", in short), for referring the disputes between the parties to arbitration. The arbitration clause, in the agreement between the parties, reads as under:
"17.1 All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement and any non-contractual obligations arising out of or in connection with this Agreement ("Dispute") shall be referred for arbitration under the provisions of the then prevailing Arbitration and Conciliation Act, 1996 (or any amendment thereto).
17.2 The arbitral proceedings shall be conducted by a sole arbitrator to be appointed by mutual con
The court affirmed the enforceability of arbitration agreements and the necessity to refer disputes for arbitration according to the agreed terms.
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 reso....
The court appointed an arbitrator to resolve disputes as per the arbitration clause in the agreement, emphasizing that the parties are bound to arbitrate their disagreements.
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....
Consent of both parties allows for disputes to be referred to arbitration, reserving all legal questions related to arbitrability and claims for later determination.
An allegation of frivolity does not preclude the court from referring a dispute to arbitration when an arbitration agreement exists between the parties.
The court affirms the validity of the arbitration agreement and appoints an arbitrator as the parties consented to resolve disputes via arbitration.
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.
The court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when amicable resolution of disputes fails.
The court referred disputes between the parties to arbitration under the Arbitration and Conciliation Act without addressing merits, emphasizing procedural adherence and open questions for the arbitr....
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