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DELHI HIGH COURT
SURESH KUMAR KAIT
OYO Hotels and Homes Private Limited – Appellant
Versus
Hotel Barkha Pvt. Ltd. (Amayara Hospitality) – Respondent
| Table of Content |
|---|
| 1. factual basis of arbitration petition (Para 1 , 2) |
| 2. request for resolution through legal notice (Para 3) |
| 3. court's agreement to appoint an arbitrator (Para 4) |
| 4. appointment and governance of arbitration process (Para 5 , 6 , 7) |
| 5. disposition and ordering of proceedings (Para 8 , 9) |
1. The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Sole Arbitrator to adjudicate the disputes with respondents in terms of Clause 14 of the Online terms and conditions, which was mentioned in Clause 15 and 16 of Marketing and Operational Consulting Agreements dated 25.11.2019.
2. As per the averments made in the present petition, petitioner is an incorporated Company, respondent No.1 is a hotel and respondent No.2 is Director/Authorised Representative of respondent No.1 and is running a hotel in the name Hotel Sheetal in Mahabaleshwar-412806. Further, respondents had approached the petitioner with a representation that respondents are in possession of a property named Hotel Sheetal which can be used on commercial purposes for hiring and letting. Based on the representations of the responde
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.
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....
Appointment of Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
Appointment of Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
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,....
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The court appointed a sole arbitrator for resolving disputes under a loan agreement after respondents failed to adhere to repayment terms and contested the agreement's existence.
The court confirmed the right to appoint an arbitrator due to the respondent's non-compliance with the terms of the agreement, affirming that the disputes were arbitrable.
The court affirmed the need for compliance with contractually agreed arbitration clauses, appointing an arbitrator when parties fail to cooperate.
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