Consent of both parties suffices to refer disputes to arbitration, as per the Arbitration and Conciliation Act, despite claims of superseding agreements.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Reference to arbitration - The petitioner sought reference of disputes to an Arbitral Tribunal as per the contract agreement - Respondent acknowledged disputes being referred while reserving the right to counterclaim. (Paras 1-3)

(B) Appointment of Arbitrator - It was determined that Mr. Justice A.K. Pathak is appointed as Sole Arbitrator to resolve claims and counter-claims, as agreed by both parties. (Paras 4-6)

Facts of the case:
The petitioner sought arbitration under an agreement dated 12.05.2009, while the respondent contended that a supplementary agreement superseded it but had no objection to arbitration.

Findings of Court:
The petition seeking reference to arbitration was allowed with the appointment of the Sole Arbitrator and directions regarding fees and requisite disclosures.

Issues: The primary issue was whether the disputes should be referred to arbitration despite arguments regarding the supercession of the original agreement.

Ratio Decidendi: The court found that since both parties consented to arbitration, it was appropriate to allow the reference and appoint an Arbitrator, with the supplementary agreement dispute reserved for consideration.

Result: Petition allowed.

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 Learned counsel for the respondent submits that the contention of the respondent is that agreement has been superseded by the supplementary agreement.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: pathakak57@gmail.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. The petition is disposed of in the above terms.

8. The next date of 29.04.2022 is cancelled.

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