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DELHI HIGH COURT
SANJEEV SACHDEVA
Shudh Enterprise – Appellant
Versus
Grofers India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. disputes referred to arbitration from partnership agreement. (Para 1) |
| 2. consent to arbitration without prejudice to rights. (Para 2) |
| 3. appointment of arbitrator and procedural requirements. (Para 3 , 4 , 5 , 6) |
| 4. petition disposed of in accordance with terms. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J.
I.A. 6175/2022 (Exemption)
Exemption is allowed subject to all just exceptions.
ARB.P. 473/2022
1. Petitioner seeks reference of disputes that have arisen out of the Partnership Agreement dated 12.03.2021, to arbitration.
2. Learned counsel appearing for the respondent submits that without prejudice to their rights and contentions, they have no objection to the disputes being referred to a Sole Arbitral Tribunal.
3. Accordingly, in view of the above, without prejudice to the rights and contentions of the parties, the disputes are referred to Arbitration.
4. With the consent of the parties, Ms. Lalit Mohini Bhat, Advocate (Mobile No.+91 9910155009) is appointed as the Sole Arbitrator. The Arbitral tribunal shall 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 Arbit
Court emphasized the necessity of mutual consent among parties for dispute arbitration and stipulated adherence to procedural mandates of the Arbitration and Conciliation Act.
Parties may consent to arbitration under an agreement, leading to the appointment of an arbitrator to resolve disputes.
Parties consented to arbitration under the Arbitration & Conciliation Act, emphasizing the validity of arbitration clauses in partnership agreements and the right to seek interim measures.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
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 ....
The court facilitates arbitration referral based on mutual consent of the parties, adhering to the provisions of 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.
Consent of both parties suffices to refer disputes to arbitration, as per the Arbitration and Conciliation Act, despite claims of superseding agreements.
Parties may consent to an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.
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