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DELHI HIGH COURT
SANJEEV SACHDEVA
Conarch Associates – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. reference to arbitration based on contract agreement. (Para 1) |
| 2. respondent's agreement to refer disputes to arbitration. (Para 2) |
| 3. proposal to allow disputes to arbitration based on mutual consent. (Para 3) |
| 4. appointment and fees of the sole arbitrator. (Para 4 , 5 , 6) |
| 5. disposal of the petition and cancellation of the next date. (Para 7 , 8) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks reference of disputes to an Arbitral Tribunal in terms of Contract Agreement dated 12.05.2009.
2. Learned counsel for the respondent submits that the contention of the respondent is that agreement has been superseded by the supplementary agreement. However, without prejudice to their rights and contentions, they have no objection to the disputes being referred to a Sole Arbitral Tribunal reserving the right of the respondent to raise a counter claim and raise all admissible disputes in law.
3. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.
4. With the consent of the parties and without prejudice to their rights and contentions, Mr. Justice A.K. Pathak, former Judge of this Court (Mobile # +91 9910384602; email: pat
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.
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
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 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 appointment of a sole arbitrator following mutual consent underscores the importance of consent in arbitration proceedings as per the Arbitration and Conciliation Act, 1996.
The court confirmed party autonomy in arbitration appointments, allowing for a sole arbitrator despite an initial agreement for a three-arbitrator panel.
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.
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