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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Contiasia Hospitality and HR Solutions Pvt. Ltd. - Appellant
Versus
Commandant TSP VIII Battalion - Respondent
Arb.P. 593 of 2021
Decided On : 11-04-2022
| Table of Content |
|---|
| 1. petitioner seeks arbitration appointment. (Para 1) |
| 2. respondent's counter-claim due to unpaid labor awards. (Para 2 , 3) |
| 3. disputes referred to diac for arbitration. (Para 4 , 5 , 6) |
| 4. petition disposed as stated. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitral Tribunal pursuant to agreement dated 05.01.2018.
2. Learned counsel appearing for the respondent submits that petitioner had failed to make payment to the labourers who have initiated proceedings before the Labour Courts and awards are being passed against the respondent being the principal employer.
3. He submits that on account of the passing of the award, the respondent has been made to pay the amount in excess of the amount that would have paid to the petitioner and accordingly respondent also have a counter-claim against the petitioner.
4. In view of the above and with the consent of the parties, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint an arbitrator to arbitrate the claims and counter claims. 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 two week of entering reference.
7. The petition is disposed of in the above terms.
Parties may consent to arbitration for disputes arising from contractual obligations, with specific provisions for arbitrator fees and necessary disclosures as per applicable law.
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.
Disputes arising from a work agreement must be referred to arbitration when an arbitration clause exists, regardless of claims under consideration.
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....
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 affirmed that disputes arising from a common contract can be referred to an Arbitral Tribunal if both parties consent to the arbitration venue.
Court can correct claim amounts for arbitration disputes, confirming arbitration referral with party consent per Arbitration Act provisions.
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
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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