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DELHI HIGH COURT
SANJEEV SACHDEVA
Sudhir Power Projects Ltd. – Appellant
Versus
Unipower Projects Pvt. Ltd. – Respondent
JUDGMENT
Sanjeev Sachdeva, J.
1. Petitioner seeks appointment of an Arbitrator under Section 11(5) of the Arbitration & Conciliation Act, 1996.
2. It is contended that the parties had entered into an agreement and a work order was placed on the respondent dated 11.06.2021 which contains an arbitration clause.
3. The Arbitration Clause 19 reads as under: -
"19. Dispute Resolution/Arbitration & jurisdiction: Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with Arbitration and Conciliation Act, 1996 and the award made in pursuance thereof shall be binding on the parties. The dispute shall be referred to the arbitration of Sole Arbitrator to be appointed by CMD/MD of SPPL, whereas Seat and venue of the arbitration shall be New Delhi/Gurugram and the proceedings shall be undertaken in English."
4. Learned counsel for the petitioner submits that the registered office of both petitioner as well as respondent is in Delhi and accordingly petitioner has exercised the option to approach the Cour
The main legal point established in the judgment is that an exchange of emails and a Purchase Order can constitute a written agreement between parties, satisfying the requirement of a written agreeme....
The court emphasized the importance of the written arbitration agreement and the designation of venue as the juridical seat of arbitral proceedings.
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when amicable resolution of disputes fails.
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