Parties can agree to arbitration, and courts will appoint an arbitrator to resolve disputes accordingly.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Sections 11 and 12 - Petition for the appointment of an Arbitral Tribunal under a Deed of Settlement - Parties consented to the appointment of an arbitrator - Ms. Bimla Makin appointed as Sole Arbitrator to adjudicate claims - Fees determined per Fourth Schedule of the Act (Paras 1-5).

(B) Arbitrator's obligations - Disclosure requirements under Section 12 of the Act outlined (Para 6).

(C) Hearings - Cancellation of the next scheduled date (Para 8).

Facts of the case:
The petitioner sought the appointment of an Arbitral Tribunal due to ongoing disputes arising from a Deed of Settlement dated 20.12.2017. The respondent expressed no objection to the appointment.

Findings of Court:
The petition was allowed, and an arbitrator was appointed to proceed with adjudication.

Issues: The main issue was the mutual agreement of the parties for arbitration.

Ratio Decidendi: The court held that given the parties' consent, the appointment of an Arbitrator was appropriate and necessary for dispute resolution under the Act.

Result: Petition allowed and disposed of in terms stated.

Table of Content
1. petitioner seeks arbitration appointment. (Para 1)
2. respondent consents to arbitration. (Para 2)
3. court allows arbitration and appoints arbitrator. (Para 3 , 4 , 5 , 6)
4. petition disposed; next date canceled. (Para 7 , 8)

JUDGMENT

Sanjeev Sachdeva, J. Petitioner seeks appointment of Arbitral Tribunal pursuant to Deed of Settlement dated 20.12.2017.

2. Learned counsel appearing for the respondent submits that without prejudice to her rights and contentions, respondent has no objection to appointment of an Arbitral Tribunal.

3. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.

4. Accordingly, with the consent of the parties, Ms. Bimla Makin, former District & Sessions Judge Delhi (Mobile # +91 9910384624; email: bimlamakin@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. Petition is disposed of in the above terms.

8. The next date i.e. 13.05.2022 is cancelled.

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