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DELHI HIGH COURT
SANJEEV SACHDEVA
Kotak Mahindra Prime Limited – Appellant
Versus
ACS Cars Private Limited – Respondent
| Table of Content |
|---|
| 1. petitioner's request for arbitration appointment (Para 1) |
| 2. respondent's consent to arbitration (Para 2) |
| 3. appointment of sole arbitral tribunal (Para 3) |
| 4. regulation of arbitrator's fees and disclosures (Para 4 , 5) |
| 5. disposal of the petition (Para 6) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks appointment of Arbitral Tribunal pursuant to the agreement dated 09.06.2019.
2. Learned counsel appearing for the respondent submits that without prejudice to the rights and contentions, respondents have no objection to the dispute being referred to a sole Arbitral Tribunal.
3. Accordingly, with the consent of parties, Ms. Kanwal Inder, former District & Sessions Judge Delhi (Mobile # +91 9810125754) is appointed as the Sole Arbitral Tribunal.
4. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
5. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.
6. The petition is disposed of in the above terms.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
Parties can agree to arbitration, and courts will appoint an arbitrator to resolve disputes accordingly.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
Consent from both parties is pivotal for the appointment of an Arbitral Tribunal under loan agreements 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.
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.
The court established that parties can mutually agree to appoint a sole arbitrator for identical disputes under the Arbitration and Conciliation Act, and emphasized the requirement for disclosure by ....
Parties can seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
Parties may consent to arbitration under an agreement, leading to the appointment of an arbitrator to resolve disputes.
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