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DELHI HIGH COURT
SURESH KUMAR KAIT
Newgen Software Technologies Limited – Appellant
Versus
Oxygen Business Park Private Limited – Respondent
| Table of Content |
|---|
| 1. arbitration agreement execution and disputes (Para 3 , 4 , 5 , 6) |
| 2. arbitrability of disputes conceded by respondent (Para 7) |
| 3. appointment of sole arbitrator and fee structure (Para 8 , 9 , 10) |
| 4. final order on petition disposal (Para 11) |
The hearing has been conducted through video conferencing.
I.A. 2070/2022 (Exemption)
1. Exemption is allowed with direction to file certified/true copies of dim annexures with margin within four weeks.
2. Application is disposed of.
ARB.P.144/2022
3. The present petition has been filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes inter-se the parties.
4. Pertinently, petitioner and respondent both are companies incorporated under the Companies Act, 1956 and petitioner is the leading provider of unified digital transformation platform with native process automation, content services and communication management capabilities. According to the petitioner, respondent is a Grade A office park in close proximity to the Noida-Greater Noida Expressway and it is one of only two SEA part in its submarket with excellen
The court affirmed the arbitrability of disputes arising from a commercial lease agreement, allowing for the appointment of an independent arbitrator to facilitate resolution.
Point of law: Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
The court has the authority to appoint a substituted sole arbitrator, and the appointed arbitrator must ensure compliance with the provisions of the Arbitration and Conciliation Act, 1996.
The court's appointment of a new sole Arbitrator is valid when the original Arbitrator recuses, ensuring the continued adjudication of disputes under the Arbitration and Conciliation Act.
The central legal point established in the judgment is the appointment of a Sole Arbitrator in accordance with the arbitration clause, the objection to unilateral appointment, and the agreement betwe....
The central legal point established is the arbitrability of the dispute as per the terms of the Lease Deed and the court's authority to appoint an arbitrator under Section 11(6)(a) of the Arbitration....
The presence of Arbitration Clauses in the agreements allowed for the appointment of a Sole Arbitrator to resolve disputes between the parties.
Where a party defaults on contractual obligations and fails to contest a petition for arbitration, the court may appoint a sole arbitrator to adjudicate the dispute.
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