Back
DELHI HIGH COURT
SURESH KUMAR KAIT
Asha Enterprises Pvt. Ltd. – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner filed for arbitration due to construction delays. (Para 1 , 2 , 3) |
| 2. parties agree disputes are arbitrable. (Para 4 , 5) |
| 3. court appoints arbitrator and sets conditions. (Para 6 , 7 , 8) |
| 4. petition disposed; arbitration to proceed. (Para 9) |
1. The present petition has been filed by the petitioner under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator for adjudication of disputes with respondent.
2. Petitioner/company claims to have entered into an Agreement with the respondent for construction of additional class rooms in SKV No.2, Sagarpur SPS School Building and other related works. According to the Agreement, the work was to commence on 19.02.2016 and completed on 03.07.2016. However, the work could be completed on 14.12.2017.
3. According to petitioner, the delay in execution of work is attributable to the respondent as drawings were not provided in time, there were delays in making decisions at the end of respondent and also there was delay in releasing the payments. Thereby, several disputes arose between the parties, for resolution of which petitioner claims to have written lette
Disputes arising under an agreement concerning construction are arbitrable, and a court may appoint an arbitrator as per the Arbitration and Conciliation Act, 1996.
The court's power to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 and the arbitrability of disputes under the agreement's Clause 25.
The court ruled that disputes under an arbitration agreement are arbitrable and can be resolved through appointed arbitrators, affirming the consent of both parties.
The court affirmed that when parties acknowledge disputes in a contractual agreement, an arbitrator must be appointed to resolve these disputes under the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the court's authority to appoint an independent arbitrator for adjudication of disputes based on the arbitration agreement.
Disputes concerning contract completion and payment arise, necessitating arbitration as per the Arbitration and Conciliation Act, 1996.
The central legal point established in the judgment is the court's authority to appoint an arbitrator to resolve disputed claims between parties in accordance with Section 11(6) of the Arbitration an....
Appointment of a sole arbitrator must comply with the provisions of the Arbitration and Conciliation Act, 1996 and should not be in violation of relevant legal precedents.
The court sanctioned the appointment of an Arbitrator despite procedural violations, highlighting the importance of adherence to statutory provisions while respecting the parties' agreements.
A unilateral appointment of an arbitrator violates principles of unbiased dispute resolution. An arbitrator must be appointed consensually or by the court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
