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DELHI HIGH COURT
SANJEEV SACHDEVA
Kamal Enterprise – Appellant
Versus
Hero Motocorp Ltd. – Respondent
| Table of Content |
|---|
| 1. appointment of arbitral tribunal (Para 1) |
| 2. consensus on arbitration method (Para 2 , 3) |
| 3. procedural orders for arbitration (Para 4 , 5 , 6) |
| 4. resolution of petition (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitral Tribunal in terms of clause 23.16 contained in the Dealership Agreement dated 25.02.2018.
2. Learned counsel for the respondent submits that without prejudice, respondent has no objection to reference to arbitration.
3. Learned counsel appearing for the parties submit that though the dispute stipulates that reference shall be to a panel of three arbitrators, however, they pray that a sole Arbitral Tribunal be constituted to adjudicate the disputes between the parties.
4. Accordingly, with the consent of parties Mr. Justice Jayant Nath (Retd), former judge of this court (+91 8527959494) is appointed as the sole Arbitral Tribunal to adjudicate the dispute between the parties. The Arbitral tribunal shall entertain the claims and counter claims, if any, between the parties.
5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
6. Arbitrator shall
The court confirmed party autonomy in arbitration appointments, allowing for a sole arbitrator despite an initial agreement for a three-arbitrator panel.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
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 ....
The consent of both parties to appoint a sole arbitrator underscores the principle of mutual agreement in arbitration proceedings under 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.
Parties may consent to arbitration under an agreement, leading to the appointment of an arbitrator to resolve disputes.
Parties may consent to an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
Parties can seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
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