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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
VR Dakshin Private Limited - Appellant
Versus
Sports and Leisure Apparel Limited - Respondent
Arb.P. 319 of 2022
Decided On : 12-04-2022




The court referred the lease agreement disputes to arbitration at the Delhi International Arbitration Centre, following the respondent's non-objection to this referral.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 11 - Appointment of Arbitral Tribunal - Disputes under a lease agreement referred to the Delhi International Arbitration Centre for arbitration - Respondent has no objection to the referral of disputes to a Sole Arbitral Tribunal. (Para 4)

(B) Arbiter's fees - The arbitrator is entitled to charge fees as per the DIAC's scheduled fees. (Para 5)

(C) Disclosure requirements - The arbitrator must furnish disclosure under Section 12 of the Arbitration and Conciliation Act, 1996 within one week. (Para 6)

Facts of the case:
The petitioner seeks the appointment of an Arbitral Tribunal under a lease deed, and the respondent agrees to the appointment of a tribunal, acknowledging existing proceedings under section 11 of the Arbitration and Conciliation Act in another High Court.

Findings of Court:
The disputes are referred to the Delhi International Arbitration Centre for appointment of a Sole Arbitral Tribunal.

Issues: The main issue addressed was whether the disputes arising from the lease agreement should be referred to arbitration and the appointment of an arbitrator.

Ratio Decidendi: The court found that the respondent's agreement to refer the disputes for arbitration necessitated the appointment of a tribunal, thereby facilitating the arbitration process under the regulations of DIAC.

Result: Petition disposed of.

Table of Content
1. request for arbitral tribunal (Para 1)
2. respondent's request and agreement (Para 2 , 3)
3. appointment and duties of arbitrator (Para 4 , 5 , 6)
4. conclusion and disposal of petition (Para 7)

JUDGMENT

Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitral Tribunal pursuant to deed of lease dated 18.03.2019.

2. Learned counsel for the respondent submits that respondent has already filed a petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicature at Madras and since the seat is Delhi they are withdrawing the said petition.

3. Learned counsel for the respondent further submits that without prejudice to his defence he has no objection to the disputes being referred to Delhi International Arbitration Centre for appointment of a Sole Arbitral Tribunal.

4. In view of the above, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint an arbitrator to arbitrate the disputes. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

5. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

6. The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

7. Petition is disposed of in the above terms.

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