Court emphasized the necessity of mutual consent among parties for dispute arbitration and stipulated adherence to procedural mandates of the Arbitration and Conciliation Act.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 8 and Section 12 - Disputes arising from the Partnership Agreement dated 12.03.2021 - Court refers the disputes to arbitration with consent of parties, appointing a Sole Arbitrator for the resolution of claims and counterclaims - Fees to be determined as per the Fourth Schedule of the Act. (Paras 1-5)

(B) Consent of parties - The court acknowledges the respondent's lack of objection to the referral to arbitration, highlighting the importance of mutual agreement in arbitration proceedings. (Paras 2)

Facts of the case:
The petitioner sought arbitration for disputes arising from a Partnership Agreement, with the respondent doing so without prejudice to their rights.

Findings of Court:
The disputes were referred to arbitration with an appointed Sole Arbitrator as agreed by the parties.

Issues: Whether the disputes arising out of the Partnership Agreement should be referred to arbitration and the appointment of an arbitrator.

Ratio Decidendi: The court emphasizes the significance of the parties' consent in arbitration and the procedural requirements outlined in the Arbitration and Conciliation Act.

Result: Petition disposed of.

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 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.

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