IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Sunil Gupta - Appellant
Versus
Indure Pvt. Ltd. - Respondent
Arb.P. 1109 of 2021
Decided On : 29-04-2022

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.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Sections 12 and various provisions related to appointment of arbitrators - Reference of disputes to Arbitral Tribunal was sought by petitioner based on the arbitration clause in the work order dated 09.06.2016 - Respondent expressed no objection to the referral - Mr. Justice Manmohan Singh (Retd.) was appointed as Sole Arbitrator. (Paras 2, 4, 5, 6)

(B) Consent of parties - The appointment of an arbitrator as indicated confirms the importance of mutual consent in the arbitration process. (Paras 3, 4)

Facts of the case:
Petitioner requested the arbitration reference based on the disputes arising from the work order dated 09.06.2016 and the consent was given by the respondent for a sole arbitrator to be appointed.

Findings of Court:
The court appointed a retired judge as the Sole Arbitral Tribunal and directed the disclosure as per the provisions of the Act.

Issues: The main issue addressed was whether the disputes should be referred to arbitration and the appointment of an arbitrator accordingly.

Ratio Decidendi: The court emphasized the role of consent in the arbitration process, highlighting that the willingness of both parties to proceed with arbitration aids in effective dispute resolution.

Result: Petition is disposed of and the arbitrator is appointed.