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DELHI HIGH COURT
SANJEEV SACHDEVA
Leaseplan India Private Limited – Appellant
Versus
Sagar Tour and Travels – Respondent
| Table of Content |
|---|
| 1. arbitration clause and agreement terms. (Para 1 , 2) |
| 2. service of process and respondent's default. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. referral of disputes to arbitration. (Para 10 , 11 , 12 , 13) |
| 4. conclusion and disposal of petition. (Para 14) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks appointment of an arbitral tribunal in terms of lease agreement dated 24.04.2018 particularly clause 10.2.
2. Clause 10.2 reads as under:
10.2 (i) Arbitration:
All disputes, differences, claims and demands arising under pursuant to or concerning this Agreement shall be referred to Arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996 or any statutory amendment or re amendment of re-enactment thereof, subject to following rules:
(a) Arbitration shall be conducted by a sole arbitrator to be appointed by LPIN.
(b) The language of arbitration shall be English and place or arbitration shall be Delhi.
(c) The respective costs of arbitration shall be borne equally by the parties in the first instance, however, the successful party shall be entitled to the costs of arbitration including legal and recovery costs.
(d) The award shall be spea
The arbitration clause in a lease agreement mandates referral of disputes for arbitration under the Arbitration and Conciliation Act, while proper service of notices is confirmed when no contradictio....
The court upheld the arbitration clause in the lease agreement and allowed the appointment of an arbitral tribunal in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The court referred the lease agreement disputes to arbitration at the Delhi International Arbitration Centre, following the respondent's non-objection to this referral.
The central legal point established in the judgment is the appointment of a Sole Arbitrator in accordance with the arbitration clause, the objection to unilateral appointment, and the agreement betwe....
The court's decision was guided by the existence of the arbitration agreement and the consent of the parties, as well as the provisions of the Arbitration and Conciliation Act, 1996.
The court must appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when there is mutual consent and an existing arbitration agreement.
Point of law: Arbitration Agreement - Appointment to be made by consent of both the parties - Unilateral appointment - De jure incapable of continuing to function as the Arbitrator within the meaning....
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