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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Balaji Prime Buildhome Pvt. Ltd. - Appellant
Versus
Kashipur Infrastructure and Freight Terminal Pvt. Ltd. - Respondent
Arb.P. 1245 of 2021
Decided On : 12-04-2022
| Table of Content |
|---|
| 1. reference of disputes to arbitration (Para 1) |
| 2. agreement on arbitration and choice of tribunal (Para 2 , 3) |
| 3. procedure and fees for arbitration (Para 4 , 5 , 6) |
| 4. disposal of the petition (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks reference of the disputes to an Arbitral Tribunal.
2. Learned counsel for the parties submit contended that there is one common contract between the parties, however with different work order. As per the agreement, the seat of Arbitration is at Delhi and even they have consented to the venue of the arbitration at Delhi.
3. Learned counsel for the parties pray that parties be referred to an Arbitral Tribunal to be constituted under the aegis of Delhi International Arbitration Centre and a Sole Arbitral Tribunal be constituted.
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. The petition is disposed of in the above terms.
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.
Disputes arising from a work agreement must be referred to arbitration when an arbitration clause exists, regardless of claims under consideration.
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 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 confirmed that disputes can be referred to arbitration with mutual consent under the Arbitration and Conciliation Act, ensuring adherence to procedural rules.
Common arbitral tribunal can be formed for disputes arising from multiple agreements between the same parties, fostering efficiency under the Arbitration and Conciliation Act, 1996.
Court can correct claim amounts for arbitration disputes, confirming arbitration referral with party consent per Arbitration Act provisions.
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.
Parties in a partnership may resolve disputes through arbitration as per their agreement and consent, including provision for fees and necessary disclosures.
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