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DELHI HIGH COURT
SANJEEV SACHDEVA
Hero Fincorp Limited – Appellant
Versus
Samtel Hal Display Systems Limited – Respondent
| Table of Content |
|---|
| 1. establishment of arbitration clause. (Para 1) |
| 2. consent to arbitral tribunal formation. (Para 2) |
| 3. authority and fees of the appointed arbitrator. (Para 3 , 4 , 5 , 6) |
| 4. disposal of the petition. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitral Tribunal pursuant to arbitration clause contained in Master Facility Agreement dated 27.10.2014 read with Supplementary Agreement dated 27.10.2014.
2. Learned counsel appearing for the respondents submits that without prejudice to their defence they have no objection to the Arbitral Tribunal being constituted.
3. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.
4. With the consent of the parties and without prejudice to their rights and contentions, Mr. Justice G.S. Sistani (retd), former Judge of this Court (Mobile No. +91 9871300034) is appointed as the Arbitral Tribunal to adjudicate the disputes between the parties. The Arbitral tribunal shall adjudicate the disputes i.e. claims and counter claims, if any, of the parties.
5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Concili
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
Consent from both parties is pivotal for the appointment of an Arbitral Tribunal under loan agreements per the Arbitration and Conciliation Act, 1996.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
Parties can seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
The court confirmed party autonomy in arbitration appointments, allowing for a sole arbitrator despite an initial agreement for a three-arbitrator panel.
Parties can agree to arbitration, and courts will appoint an arbitrator to resolve disputes accordingly.
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
The court established that parties can mutually agree to appoint a sole arbitrator for identical disputes under the Arbitration and Conciliation Act, and emphasized the requirement for disclosure by ....
Parties may consent to an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.
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