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DELHI HIGH COURT
SANJEEV SACHDEVA
MS Promax Power Ltd. – Appellant
Versus
MS Tahal Consulting Engineers India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner's request for arbitration reference. (Para 1) |
| 2. responses and consent to refer matters to arbitration. (Para 2 , 3) |
| 3. appointment of arbitrator and procedural details. (Para 4 , 5 , 6) |
| 4. disposal of petition based on agreements. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks reference of dispute to arbitration in terms of sub-contract agreement dated 27.01.2021.
2. Issue notice. Notice is accepted by learned counsel for respondent.
3. Learned counsel for respondent submits that petitioner has not invoked arbitration but respondent had invoked arbitration vide notice dated 16.04.2022. However, without prejudice to their respective stands, learned counsel for parties pray that the dispute be referred to arbitration.
4. In view of the above and with the consent of the parties and without prejudice to their rights and contentions, Mr. G.P. Mittal, former Judge of this Court (Mobile # +91 99103 84619; email: gpmittal@gmail.com) is appointed as the sole Arbitrator. The Arbitral tribunal shall entertain 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 Arbitr
The court facilitates arbitration referral based on mutual consent of the parties, adhering to the provisions of the Arbitration and Conciliation Act, 1996.
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
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.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
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-....
Parties may consent to arbitration under an agreement, leading to the appointment of an arbitrator to resolve disputes.
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.
Consensual appointment of an Arbitrator facilitates dispute resolution, as per the Arbitration and Conciliation Act, ensuring rights and contentions are preserved.
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
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