IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Kelvolt (India) Pvt. Ltd. - Appellant
Versus
Shapoorji Pallonji and Company Pvt. Ltd. - Respondent
Arb.P. 274 of 2022
Decided On : 12-04-2022

The court confirmed the validity of arbitration clauses in contracts and emphasized procedural adherence under the Arbitration and Conciliation Act, ensuring transparency through mandatory disclosures by arbitrators.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Appointment of an Arbitral Tribunal - The petition for appointment of an arbitral tribunal is based on a work order containing an arbitration clause dated 16.01.2015, with the parties consenting to arbitration under the auspices of the Delhi International Arbitration Centre (DIAC). (Paras 1-3)

(B) Arbitrator's Fees - The arbitrator is entitled to charge fees as per the DIAC's stipulated schedule. (Para 4)

(C) Disclosure Requirements - The arbitrator must furnish requisite disclosures under Section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference. (Para 5)

Facts of the case:
The petitioner sought the appointment of an arbitral tribunal due to disputes arising from a work order. The respondent submitted no objection to the referral of the matter to DIAC, where it was agreed that arbitration would proceed.

Findings of Court:
The court disposed of the petition by referring disputes to DIAC, correcting typographical errors in a prior order.

Issues: The primary issue was the referral of disputes to arbitration and the correction of representation in prior orders.

Ratio Decidendi: The court emphasized the need for adherence to procedural rules under the Arbitration and Conciliation Act, and the necessity for disclosure by the arbitrator to ensure transparency.

Result: The petition was disposed of in terms of the referral to DIAC.