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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Surjeet Singh - Appellant
Versus
Suneet Finman Pvt. Ltd. - Respondent
Arb.P. 388 of 2019
Decided On : 28-04-2022
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks reference to arbitration the disputes emanating out of loan agreement dated 09.08.2012.
2. Learned counsel for the respondent submits that without prejudice to the rights and contentions and without prejudice to the rights of the respondent to raise a counter claim, he has no objection if this court refers the disputes to the Delhi International Arbitration Centre.
3. In view of the above and with the consent of the parties, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint an arbitrator to arbitrate the disputes.
4. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.
5. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.
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.
The court confirmed that disputes can be referred to arbitration with mutual consent under the Arbitration and Conciliation Act, ensuring adherence to procedural rules.
Arbitration disputes can be referred to the designated arbitration body with mutual consent from both parties, ensuring compliance with procedural requirements as stipulated by relevant statutes.
The court referred the lease agreement disputes to arbitration at the Delhi International Arbitration Centre, following the respondent's non-objection to this referral.
The court affirmed that disputes arising from a common contract can be referred to an Arbitral Tribunal if both parties consent to the arbitration venue.
Disputes arising from a work agreement must be referred to arbitration when an arbitration clause exists, regardless of claims under consideration.
The court ruled that mutual consent between the parties allows for the appointment of an Arbitral Tribunal under the Arbitration and Conciliation Act, with stipulations on fees and disclosures.
The court confirmed the validity of arbitration clauses in contracts and emphasized procedural adherence under the Arbitration and Conciliation Act, ensuring transparency through mandatory disclosure....
Parties in a partnership may resolve disputes through arbitration as per their agreement and consent, including provision for fees and necessary disclosures.
Parties may consent to arbitration for disputes arising from contractual obligations, with specific provisions for arbitrator fees and necessary disclosures as per applicable law.
Disputes between parties can be referred to arbitration, including the allowance for counterclaims, as governed by the Arbitration and Conciliation Act.
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