Kotak Mahindra Prime Limited vs ACS Cars Private Limited

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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Kotak Mahindra Prime Limited - Appellant
Versus
ACS Cars Private Limited - Respondent
Arb.P. 1108 of 2021
Decided On : 28-04-2022

Important Points

The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.

Subject

Arbitration - Tribunal Appointment

Headnote

(A) Arbitration and Conciliation Act, 1996 - Sections 12 and Fourth Schedule - Appointment of Arbitral Tribunal - The petitioner sought the appointment of an Arbitral Tribunal in line with the agreement dated 09.06.2019, with the respondent consenting to the referral of the dispute. (Paras 1-3)

Findings of Court:
The court appointed a former District & Sessions Judge as the Sole Arbitral Tribunal and stipulated that the Arbitrator's fees shall follow the Fourth Schedule of the Act. (Paras 3-4)

Issues: The main issue was the appointment of an Arbitral Tribunal with the consent of both parties.

Ratio Decidendi: The court recognized that the appointment of an Arbitral Tribunal can proceed with the mutual consent of the parties involved.

Result: The petition was disposed of accordingly.

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.