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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Raj Lamba - Appellant
Versus
Splendor Landbase Limited - Respondent
Arb.P. 358 of 2022, Arb.P. 359 of 2022, Arb.P. 360 of 2022, Arb.P. 361 of 2022 and Arb.P. 362 of 2022
Decided On : 25-04-2022
Important Points
Subject
Arbitration - Appointment of Arbitrators
Headnote
(B) Common Issues - While disputes are distinct, overlapping issues necessitate the establishment of a common Tribunal for adjudication of the disputes. (Paras 2-3)
Facts of the case:
Petitioners requested the formation of an Arbitral Tribunal under multiple MOUs, asserting that common overlapping issues exist amid different disputes with the respondent, who did not oppose the request but raised counterclaims.
Findings of Court:
The court appointed Mr. Justice R. K. Gauba (Retd) as Sole Arbitral Tribunal with fees determined by the applicable schedule of the Arbitration Act.
Issues: The key issue was whether to appoint a common Arbitral Tribunal for overlapping disputes between the parties.
Ratio Decidendi: The court emphasized the necessity of appointing a Sole Arbitral Tribunal considering the overlapping nature of disputes, affirming the consent of the parties involved.
Result: Petition is disposed of in terms of the agreement.
JUDGMENT
Sanjeev Sachdeva, J. Petitioners seek appointment of an Arbitral Tribunal in Arb. Petition 358/2022 pursuant to the arbitration clause contained in MOU dated 21.10.2013; in Arb petition 359/2022 pursuant to arbitration clause contained in MOU dated 01.07.2016; in Arb petition 360/2022 pursuant to arbitration clause contained in MOU dated 29.04.2013; in Arb petition 361/2022 pursuant to arbitration clause contained in MOU dated 02.09.2013 and in Arb. Petition 362/2022 pursuant to arbitration clause contained in MOU dated 01.07.20.
2. Though the disputes are different however, it is contended that certain common overlapping issues arise, accordingly it is prayed a common Arbitral Tribunal be constituted to adjudicate the respective disputes between the parties.
3. Learned counsel appearing for the respondent submits that without prejudice, he has no objection to the same, however, the respondent also has counter claims against the petitioner.
4. Accordingly, with the consent of the parties, Mr. Justice R. K Gauba (Retd) (Mobile No. +91 96504 11919), a former Judge of this Court is appointed as the Sole Arbitral Tribunal.
5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
6. Petition is disposed of in the above terms.
