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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Springboard Solutions Pvt. Ltd. - Appellant
Versus
Finaxar Technology Solutions Private Limited - Respondent
Arb.P. 271 of 2022
Decided On : 22-04-2022
| Table of Content |
|---|
| 1. disputes referred to arbitration. (Para 1) |
| 2. consent to arbitration by parties. (Para 2 , 3) |
| 3. arbitrator's duties and fee structure. (Para 4 , 5 , 6) |
| 4. petition disposed of. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks reference of disputes to arbitration pursuant to clause 15.8 of Annexure-2 to the Coworking Letter dated 01.07.2019.
2. Learned counsel appearing for the respondent submits that without prejudice to their rights and contentions, they have no objection to the disputes being referred to arbitration.
3. Learned counsel for parties pray that parties be referred to Delhi International Arbitration Centre.
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. Petition is disposed of in the above terms.
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.
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....
Parties in a partnership may resolve disputes through arbitration as per their agreement and consent, including provision for fees and necessary disclosures.
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.
Consent of both parties allows for disputes to be referred to arbitration, reserving all legal questions related to arbitrability and claims for later determination.
Parties may consent to arbitration for disputes arising from contractual obligations, with specific provisions for arbitrator fees and necessary disclosures as per applicable law.
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