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DELHI HIGH COURT
SANJEEV SACHDEVA
Ankita Agrawal – Appellant
Versus
Akanksha Bhargawa – Respondent
| Table of Content |
|---|
| 1. appointment of arbitrator requested. (Para 1 , 2) |
| 2. agreement to arbitrate parties' disputes. (Para 3 , 4) |
| 3. appointment terms and conditions for arbitrator. (Para 5 , 6 , 7 , 8) |
| 4. petition disposed in terms agreed. (Para 9) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996.
2. Learned counsel for the parties informed that the settlement talks have failed and accordingly they could not arrive at a settlement.
3. Learned counsel for the parties pray that an Arbitral Tribunal be constituted to adjudicate the disputes between the parties.
4. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.
5. Without prejudice to the rights and contentions of the parties, Ms. Pinki, (Retired District and Sessions Judge, Delhi, D-145, Anand Niketan, New Delhi; Email ID pinki13361@yahoo.co.in Mobile # 9910384721) is appointed as the sole Arbitrator.
6. The Arbitral tribunal shall adjudicate the claims and counter claims, if any, between the parties.
7. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Ar
Parties can seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
The consent of both parties to appoint a sole arbitrator underscores the principle of mutual agreement in arbitration proceedings under the Arbitration and Conciliation Act, 1996.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
Parties can agree to arbitration, and courts will appoint an arbitrator to resolve disputes accordingly.
Consent from both parties is pivotal for the appointment of an Arbitral Tribunal under loan agreements per the Arbitration and Conciliation Act, 1996.
The court established that parties can mutually agree to appoint a sole arbitrator for identical disputes under the Arbitration and Conciliation Act, and emphasized the requirement for disclosure by ....
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
The court confirmed the agreement provisions for arbitration and appointed a retired judge as the Arbitrator under the Arbitration and Conciliation Act, ensuring all parties consented to the process.
Parties may consent to arbitration under an agreement, leading to the appointment of an arbitrator to resolve disputes.
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