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 the arbitrator.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Appointment of Sole Arbitrator - Petitioner seeks appointment of an arbitral tribunal as per agreements dated 10.04.2014; parties consents to a common arbitrator for identical disputes - Mr. Jai Sahai Endlaw appointed as Sole Arbitrator, with fees as per the Fourth Schedule, to be shared equally by parties. (Paras 1-5)

(B) Disclosure Requirement - The Arbitrator instructed to file requisite disclosure under section 12 of the Act within two weeks. (Paras 6-7)

Table of Content
1. petitioner seeks appointment of an arbitral tribunal. (Para 1)
2. consent of parties for arbitrator appointment. (Para 2 , 3)
3. appointment and obligations of the sole arbitrator. (Para 4 , 5 , 6)
4. disposition of the petitions. (Para 7)

JUDGMENT

Sanjeev Sachdeva, J. Petitioner seeks appointment of an arbitral tribunal in terms of similar agreements all dated 10.04.2014. The arbitration clause stipulates reference to the dispute to a sole arbitrator.

2. Learned counsel for respondent submits that without prejudice to their defence, they have no objection to appointment of a sole arbitrator.

3. Learned counsel for parties submits that since the disputes arising in the three petitions are identical in nature, one common arbitral tribunal be constituted.

4. Accordingly, with the consent of the parties, Mr. Jai Sahai Endlaw, Advocate is appointed as the Sole Arbitrator.

5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. The fee of the Arbitrator shall be paid equally by the parties.

6. The Arbitrator shall file the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7. The petitions are disposed of in the above terms.

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