Back
DELHI HIGH COURT
SURESH KUMAR KAIT
Tempo Appliances P. Ltd. – Appellant
Versus
Khalida Begum – Respondent
| Table of Content |
|---|
| 1. petition for appointment of arbitrator under arbitration act (Para 1 , 2) |
| 2. background and details of land acquisition and agreement (Para 3 , 4) |
| 3. disputed claims but acceptance of arbitrability (Para 5) |
| 4. appointment of arbitrator and fee structure (Para 6 , 7 , 8) |
| 5. disposition of the petition (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 in terms of clause 12 of the agreement dated 01.05.2017.
2. Petitioner is a company registered under the Indian Companies Act, 1956 and engaged in the business of trading of pressure cookers and cook wares. Petitioner claims to be the owner and in possession of land measuring 3842 sq. yards comprising of Khasra No.13/13/2 and 13/18/1, Sector 35, Begampur Khataula Industrial Area, HSIIDC, District-Gurugram, Haryana having purchased from its previous owner through three registered sale deeds bearing registration No.2984 Additional Book No.1 Volume No. 868 at pages 3-4 dated 28.05.1997; registration No.2985 Additional Book No.1 Volume No. 868 at p
Disputes arising from agreements can be adjudicated through arbitration, especially when both parties acknowledge arbitration as a viable resolution method.
Point of law: Petitioner invoked arbitration in terms of Clause- 12 of the agreement seeking appointment of sole arbitrator.
Petitioner invoked arbitration in terms of Clause-12 of the agreement seeking appointment of sole arbitrator.
Unilateral appointment of an Arbitrator is impermissible; appointment must be consensual or by the court as per arbitration law.
The court ruled that appointment of a Sole Arbitrator is warranted when parties are unable to reach consensus despite attempts for amicable resolution under the Arbitration and Conciliation Act, 1996....
No single party can be permitted to unilaterally appoint the Arbitrator, as it would defeat the purpose of unbiased adjudication of dispute between the parties.
Arbitrator - Appointment procedure - Company - No single party can be permitted to unilaterally appoint Arbitrator, as it would defeat purpose of unbiased adjudication of dispute between parties.
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
