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DELHI HIGH COURT
SANJEEV SACHDEVA
Raj Lamba – Appellant
Versus
Splendor Landbase Limited – Respondent
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
The court affirmed that overlapping disputes can justify the establishment of a common Arbitral Tribunal under the 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 ....
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.
Common arbitral tribunal can be formed for disputes arising from multiple agreements between the same parties, fostering efficiency under 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.
The court confirmed party autonomy in arbitration appointments, allowing for a sole arbitrator despite an initial agreement for a three-arbitrator panel.
Parties may consent to an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
Parties can seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
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