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DELHI HIGH COURT
SURESH KUMAR KAIT
CFS Netralaya Private Limited – Appellant
Versus
Roop (Dr.) – Respondent
| Table of Content |
|---|
| 1. filing petitions under arbitration act (Para 1 , 2) |
| 2. disputes under various agreements (Para 3 , 4 , 5 , 6 , 7) |
| 3. invocation of arbitration (Para 8 , 10) |
| 4. appointment of sole arbitrator (Para 9 , 12) |
| 5. final orders and compliance (Para 13 , 14 , 15 , 16) |
1. The above captioned three petitions have been filed under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator.
2. Pertinently, parties to these petitions are common and the subject matter of these petitions is also common, therefore, with the consent of learned Senior Counsel for the parties, these petitions have been heard together and are being disposed of vide this common judgment.
3. Learned Senior Counsel for petitioner submits that petitioner in the above captioned petitions [ARB.P. 111/2022 & ARB.P. 112/2022] is a joint venture company between New Delhi Centre for Sight ("NDCFS") and respondent Nos.1 and 2, incorporated under provisions of the Companies Act 1956. NDCFS is a company founded by Dr. Mahipal S Sachdev, an eminent ophthalmologist, and Padma Shri awardee, as a leading eye care provider in India.
4. Petition
The court underscores the importance of appointing the same arbitrator for disputes arising from related agreements to avoid conflicting awards.
The court's decision emphasized the importance of appointing the same arbitrator to hear disputes related to the same composite transaction to avoid conflicting findings.
The presence of a Dispute Resolution Clause in arbitration agreements necessitates the appointment of arbitrators to resolve disputes, ensuring compliance with statutory requirements.
The necessity to appoint a new Arbitrator is confirmed under Sections 14 and 15 of the Arbitration and Conciliation Act, recognizing the continuation of the arbitration process post-demise of the ori....
The court emphasized the importance of compliance with the arbitration and Conciliation act, 1996 and directed the appointment of arbitrators as per the agreement reached by the parties.
In the event of the demise of the sole Arbitrator, a new Arbitrator can be appointed to continue the arbitration proceedings in accordance with Sections 14 & 15 of the Arbitration and Conciliation Ac....
The court allows a petition to appoint an arbitrator despite the challenger's claims about non-signatory status and procedural prematurity, emphasizing the arbitrability of disputes.
The arbitration agreement binds all parties, including non-signatories, and disputes must be referred to arbitration despite objections on limitation and jurisdiction.
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