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DELHI HIGH COURT
SANJEEV SACHDEVA
Dilip Kumar Swain – Appellant
Versus
Union of India – Respondent
| 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 Ac
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 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.
The court confirmed party autonomy in arbitration appointments, allowing for a sole arbitrator despite an initial agreement for a three-arbitrator panel.
Parties may consent to arbitration under an agreement, leading to the appointment of an arbitrator to resolve disputes.
Parties can seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
The court affirmed that overlapping disputes can justify the establishment of a common Arbitral Tribunal under the Arbitration and Conciliation Act, 1996.
Parties may consent to an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
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