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

The court affirmed that overlapping disputes can justify the establishment of a common Arbitral Tribunal under the Arbitration and Conciliation Act, 1996.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Appointment of Arbitral Tribunal - Petitioners seek appointment of an Arbitral Tribunal in connection with various Memoranda of Understanding (MOUs) containing arbitration clauses - In light of parties' consent, a former Judge is appointed as Sole Arbitral Tribunal - Fees to be according to the Fourth Schedule of the Act. (Paras 1-6)

(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.