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DELHI HIGH COURT
C.HARI SHANKAR
Himgiri Automobiles Private Limited – Appellant
Versus
Ram Avtar Yadav – Respondent
| Table of Content |
|---|
| 1. agreement for arbitration and counterclaims (Para 1 , 2) |
| 2. procedural aspects of arbitration under diac (Para 3 , 4 , 5) |
| 3. disposal of the petition and referral to arbitration (Para 6) |
(Video-Conferencing)
1. Learned counsel for the parties ad idem agree for reference of the disputes to arbitration, the only caveat of Ms. Sneha Pandey, learned counsel for the respondents, being that respondents should also be permitted to prefer counter claims, in the arbitral process.
2. Mr. Dhir, learned counsel appearing for the petitioner, has no objection.
3. Both counsels are agreeable to the matter being referred to the Delhi International Arbitration Centre (DIAC), to appoint a suitable arbitrator to arbitrate on the disputes between the parties. As such, keeping alive all questions of fact and law, as well as all defences on both sides open for agitation in the arbitral process, and without expressing any opinion on the merits or the maintainability of the claims/counter-claims being sought to be agitated, this petition is disposed of by referring the disputes between the parties to the DIAC, to appoint a suitable arbitrator to arbitrate on the disputes
Disputes between parties can be referred to arbitration, including the allowance for counterclaims, as governed by the Arbitration and Conciliation Act.
Consent of both parties allows for disputes to be referred to arbitration, reserving all legal questions related to arbitrability and claims for later determination.
Parties consented to arbitration under the Arbitration and Conciliation Act, allowing referral to an arbitrator for dispute resolution, emphasizing procedural efficiency.
The court confirmed that disputes can be referred to arbitration with mutual consent under the Arbitration and Conciliation Act, ensuring adherence to procedural rules.
Arbitration disputes can be referred to the designated arbitration body with mutual consent from both parties, ensuring compliance with procedural requirements as stipulated by relevant statutes.
The court affirmed that disputes arising from a common contract can be referred to an Arbitral Tribunal if both parties consent to the arbitration venue.
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....
Parties in a partnership may resolve disputes through arbitration as per their agreement and consent, including provision for fees and necessary disclosures.
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 ruled that mutual consent between the parties allows for the appointment of an Arbitral Tribunal under the Arbitration and Conciliation Act, with stipulations on fees and disclosures.
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