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DELHI HIGH COURT
SANJEEV SACHDEVA
Sunil Gupta – Appellant
Versus
Indure Pvt. Ltd. – Respondent
JUDGMENT
Sanjeev Sachdeva, J.
1. The reply filed by the respondent vide Diary no. 371155/2022 in not on record. The Registry is directed to place the same on record.
2. Petitioner seeks reference of disputes to an Arbitral Tribunal pursuant to the Arbitration clause contained in the work order dated 09.06.2016.
3. Learned counsel appearing for the respondent submits that without prejudice to their rights and contentions, respondents have no objection to the dispute being referred to a sole Arbitral Tribunal.
4. Accordingly, with the consent of parties, Mr. Justice Manmohan Singh (Retd), former judge of this court (Mobile# +91 9717495001; email: justicemanmohansingh@gmail.com) is appointed as the Sole Arbitral Tribunal.
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. Next date of 11.07.2022, stands cancelled.
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.
The court confirmed the validity of arbitration clauses in contracts and emphasized procedural adherence under the Arbitration and Conciliation Act, ensuring transparency through mandatory disclosure....
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
Parties can mutually consent to refer disputes to arbitration despite disagreements on pre-arbitration steps taken.
Court affirmed the validity of arbitration clauses for dispute resolution when parties agree, even after unsuccessful negotiations.
Parties may mutually agree to refer disputes to arbitration, preserving the right to counterclaims while resolving contractual disputes.
Consent of both parties suffices to refer disputes to arbitration, as per the Arbitration and Conciliation Act, despite claims of superseding agreements.
Disputes arising from a work agreement must be referred to arbitration when an arbitration clause exists, regardless of claims under consideration.
Parties can agree to arbitration, and courts will appoint an arbitrator to resolve disputes accordingly.
The court facilitates arbitration referral based on mutual consent of the parties, adhering to the provisions of the Arbitration and Conciliation Act, 1996.
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