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DELHI HIGH COURT
SANJEEV SACHDEVA
Travel Retail Services Pvt. Ltd. – Appellant
Versus
Three Vee Marketing Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. reference to arbitration sought. (Para 1) |
| 2. disputes regarding pre-arbitration steps and counterclaims. (Para 2 , 3) |
| 3. consent for arbitration expressed. (Para 4) |
| 4. appointment of arbitrator and disclosure requirements. (Para 5 , 6 , 7) |
| 5. petition disposed as ordered. (Para 8) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks reference of disputes to Arbitration in accordance with the Sub-Licence Agreement dated 04.12.2018.
2. Learned counsel for the respondent submits that petitioner has not taken the requisite pre-arbitration steps. This is disputed by learned counsel for the petitioner who submits that efforts were made to reconcile, some proposals were also exchanged, however, respondent did not honour their offer and consequently the petitioner was constrained to approach this Court.
3. Learned counsel appearing for the respondent submits that respondent also has certain counter claims which are in the process of being computed.
4. Without prejudice to the above, learned counsel for the parties pray that the disputes be referred to arbitration.
5. With the consent of the parties and without prejudice to their rights and contentions, Mr. Dalip Mehra, Advo
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
Consent of both parties suffices to refer disputes to arbitration, as per the Arbitration and Conciliation Act, despite claims of superseding agreements.
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 can seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
Parties may mutually agree to refer disputes to arbitration, preserving the right to counterclaims while resolving contractual disputes.
Consent from both parties is pivotal for the appointment of an Arbitral Tribunal under loan agreements per the Arbitration and Conciliation Act, 1996.
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
Parties may consent to an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.
The court confirmed party autonomy in arbitration appointments, allowing for a sole arbitrator despite an initial agreement for a three-arbitrator panel.
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