Common arbitral tribunal can be formed for disputes arising from multiple agreements between the same parties, fostering efficiency under the Arbitration and Conciliation Act, 1996.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 12(2) - Disputes arising from multiple MOUs between same parties - Common arbitral tribunal constituted for arbitration of separate disputes, enabling a unified resolution process to streamline proceedings. (Paras 1-5)

(B) Arbitration process - Requires adherence to rules and regulations of the arbitration institution involved, ensuring compliance with stipulated fee structure. (Paras 3-4)

Facts of the case:
The parties are involved in different agreements with similar dispute resolution clauses, prompting the request for a single tribunal for arbitration.

Findings of Court:
The disputes are referred to the Delhi International Arbitration Centre, which shall appoint one arbitrator to handle all disputes under its regulations.

Issues: Whether a common arbitrator should be appointed for disputes arising from multiple MOUs.

Ratio Decidendi: The court determined that creating a common arbitral tribunal is appropriate for efficiency and coherence in resolving interconnected disputes arising from similar agreements.

Result: Petitions allowed.

Table of Content
1. various mous establish grounds for arbitration. (Para 1)
2. parties request common arbitrator for disputes. (Para 2)
3. arbitration to be administered by diac. (Para 3 , 4 , 5)
4. petitions disposed with arbitration order. (Para 6)

JUDGMENT

Sanjeev Sachdeva, J. These petitions arise out of different MOUs entered into between the same parties. The respective clauses of reference of disputes to arbitration is similar.

2. Learned counsel for parties submit that though the disputes arise out of different agreements and the claims and counter-claims are different, as the parties are common, it is prayed that one arbitral tribunal be constituted to arbitrate the separate disputes emanating between the parties.

3. Accordingly, the petitions are allowed and the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint one common arbitrator to arbitrate all the disputes of the parties. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

4. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

5. The arbitrator shall also furnish the requisite disclosure under section 12(2) of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

6. Petitions are disposed of in the above terms.

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Common arbitral tribunal can be formed for disputes arising from multiple agreements between the same parties, fostering efficiency under the Arbitration and Conciliation Act, 1996.

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