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DELHI HIGH COURT
SANJEEV SACHDEVA
Kalendra Narayan Singh – Appellant
Versus
Anil Kumar Sinha – Respondent
| Table of Content |
|---|
| 1. agreement on arbitration appointment. (Para 1 , 2 , 3) |
| 2. details on the arbitrator's appointment and fees. (Para 4 , 5 , 6) |
| 3. final order of the petition. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitrator in terms of the Collaboration Agreement with Agreement to Sell dated 15.07.2014.
2. Learned counsel for respondent submits that without prejudice to their defence, they have no objection to appointment of a sole arbitrator.
3. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.
4. With the consent of the parties Ms Amrita Panda, Advocate (Mobile No. +91 9910668787; email: amrita@adpchambers.in) is appointed as the Sole Arbitrator. The Arbitral tribunal shall entertain the claims and counter claims, if any, of the parties.
5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
6. The Arbitrator shall furnish the requisite disclosure in terms of Section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.
7. Petition is disposed of in the above terms.
Parties may consent to arbitration under an agreement, leading to the appointment of an 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.
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 seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
The court confirmed party autonomy in arbitration appointments, allowing for a sole arbitrator despite an initial agreement for a three-arbitrator panel.
Parties can agree to arbitration, and courts will appoint an arbitrator to resolve disputes accordingly.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
Consent from both parties is pivotal for the appointment of an Arbitral Tribunal under loan agreements per the Arbitration and Conciliation Act, 1996.
Parties consented to arbitration under the Arbitration & Conciliation Act, emphasizing the validity of arbitration clauses in partnership agreements and the right to seek interim measures.
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