Parties may consent to an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Sections 12 and Fourth Schedule - Appointment of Arbitral Tribunal - The parties consented to refer disputes exceeding Rs. 25 lakhs to a Sole Arbitrator instead of a three-member Tribunal as per the arbitration clause in the agreement dated 13.05.2016. (Paras 1-4)

(B) Fees - The fees of the Arbitrator shall be in accordance with the Fourth Schedule of the Act. (Para 5)

(C) Disclosure - The Arbitrator is to provide the required disclosure under Section 12 of the Act within two weeks. (Para 6)

Facts of the case:
The petitioner sought the appointment of an Arbitral Tribunal pursuant to an agreement, and the parties agreed to refer their disputes to a Sole Arbitrator.

Findings of Court:
The appointment of the Sole Arbitrator was made with the consent of the parties, and the matter is disposed of accordingly.

Issues: The key issue was whether to appoint a Sole Arbitrator despite the arbitration clause's stipulation for a three-member Tribunal.

Ratio Decidendi: The court recognized the parties' consent to appoint a Sole Arbitrator and upheld that agreement as valid despite the arbitration clause.

Result: Petition disposed of.

Table of Content
1. disputes qualify for arbitration under their agreement. (Para 1 , 2)
2. parties agree to a sole arbitrator despite high value disputes. (Para 3)
3. appointment and fees structure for arbitrator established. (Para 4 , 5 , 6)
4. petition disposed based on the above terms. (Para 7)

JUDGMENT

Sanjeev Sachdeva, J.

1. Petitioner seeks appointment of an Arbitral Tribunal pursuant to the agreement dated 13.05.2016.

2. The disputes are in excess of Rs. 25 lakhs and the arbitration clause 64 of the agreement stipulates that the disputes shall be referred to an Arbitral Tribunal comprising of three members.

3. Learned counsel appearing for the parties submits that keeping in view the nature of disputes, though the value is exceeding Rs. 25 lakhs, they pray that the disputes be referred to Sole Arbitral Tribunal.

4. Since the parties are agreeable to reference of their disputes to arbitration, with the consent of the parties and without prejudice to their rights and contentions, Mr. Hori Lal, Executive Director (Mobile No. +91 9350624643; email: hori.lal@rediffmail.com) is appointed as the Sole Arbitrator to adjudicate the claims and counter-claims, if any, of the parties.

5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

6. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7. Petition is disposed of in the above terms.

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