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DELHI HIGH COURT
SANJEEV SACHDEVA
Premco Rail Engineers Limited – Appellant
Versus
Container Corporation of India Limited – Respondent
| 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
Parties may consent to an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per 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 ....
The court confirmed party autonomy in arbitration appointments, allowing for a sole arbitrator despite an initial agreement for a three-arbitrator panel.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
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.
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 mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
The consent of both parties to appoint a sole arbitrator underscores the principle of mutual agreement in arbitration proceedings under the Arbitration and Conciliation Act, 1996.
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