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DELHI HIGH COURT
SANJEEV SACHDEVA
Pradeep Vinod Construction Co. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks arbitration appointment. (Para 1) |
| 2. disputes referred to arbitration, previous award set aside. (Para 2 , 3) |
| 3. respondent's delay in submitting reply noted. (Para 4 , 5) |
| 4. case merits fresh arbitration appointment. (Para 6) |
| 5. arbitrator appointed and fees determined. (Para 7 , 8 , 9) |
| 6. petition disposed of as ordered. (Para 10) |
JUDGMENT
Sanjeev Sachdeva, J.
1. Petitioner seeks appointment of an Arbitral Tribunal pursuant to a Contract Agreement dated 05.09.2013.
2. Learned counsel for the petitioner submits that the disputes arising out of the said agreement were referred to an Arbitral Tribunal and the Arbitral Tribunal rendered an award dated 01.10.2018.
3. Learned counsel submits that the objections to the award were sustained and the award was set aside by order dated 06.10.2021. In those circumstances, fresh arbitration has been invoked and accordingly the disputes are required to be referred to an Arbitral Tribunal.
4. Learned counsel for the respondent prays for an adjournment. He submits that reply has been drafted and sent for signatures.
5. It is observed that the notice was issued on 10.02.2022 and thereafter on 14.03.2022resp
A fresh reference to an Arbitral Tribunal is warranted when a prior arbitration award is set aside under Section 34 of the Arbitration and Conciliation Act, ensuring continuity in resolving contract-....
Consent of both parties suffices to refer disputes to arbitration, as per the Arbitration and Conciliation Act, despite claims of superseding agreements.
Parties may mutually agree to refer disputes to arbitration, preserving the right to counterclaims while resolving contractual disputes.
Consent from both parties is pivotal for the appointment of an Arbitral Tribunal under loan agreements per 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.
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 resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
Parties can agree to arbitration, and courts will appoint an arbitrator to resolve disputes accordingly.
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
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