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DELHI HIGH COURT
SANJEEV SACHDEVA
VR Dakshin Private Limited – Appellant
Versus
Sports and Leisure Apparel Limited – Respondent
| 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
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 court affirmed that disputes arising from a common contract can be referred to an Arbitral Tribunal if both parties consent to the arbitration venue.
Arbitration disputes can be referred to the designated arbitration body with mutual consent from both parties, ensuring compliance with procedural requirements as stipulated by relevant statutes.
The court confirmed that disputes can be referred to arbitration with mutual consent under the Arbitration and Conciliation Act, ensuring adherence to procedural rules.
The court ruled that mutual consent between the parties allows for the appointment of an Arbitral Tribunal under the Arbitration and Conciliation Act, with stipulations on fees and disclosures.
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 confirmed the validity of arbitration clauses in contracts and emphasized procedural adherence under the Arbitration and Conciliation Act, ensuring transparency through mandatory disclosure....
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 directed the appointment of an arbitrator under the Arbitration and Conciliation Act, reaffirming the binding nature of the arbitration clause within the parties' agreement.
Parties consented to arbitration under the Arbitration and Conciliation Act, allowing referral to an arbitrator for dispute resolution, emphasizing procedural efficiency.
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