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DELHI HIGH COURT
SANJEEV SACHDEVA
Saya Buildcon Private Limited – Appellant
Versus
Vijay Kumar Aggarwal – Respondent
| Table of Content |
|---|
| 1. existence of disputes leading to arbitration. (Para 1 , 2) |
| 2. consent to appoint an arbitral tribunal. (Para 3) |
| 3. appointment and jurisdiction of the arbitrator. (Para 4 , 5) |
| 4. access to interim measures in arbitration. (Para 6) |
| 5. conclusion and disposal of the petition. (Para 7 , 8 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner, by this petition under Section 9 of the Arbitration & Conciliation Act, 1996 seeks certain declaratory and interim measures against the respondents.
2. The disputes have arisen, inter-alia, out of the partnership agreement and the memorandum of understanding both dated 22.11.2017. Both the partnership agreement and memorandum of understanding contain clauses providing for settlement of disputes through the process of arbitration.
3. After some arguments, learned counsel for the parties are agreeable that an Arbitral Tribunal be constituted by this Court in these proceedings itself, reserving the right of the parties to approach the Arbitral Tribunal under Section 17 of the Arbitration & Conciliation Act, 1996 for interim measures.
4. Accordingly, with the consent of the parties and without prejudice to their respective rights and cont
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.
Parties can seek arbitration under the Arbitration & Conciliation Act when settlement talks fail, emphasizing the need for an appointed arbitrator to resolve disputes.
Parties may consent to arbitration under an agreement, leading to the appointment of an arbitrator to resolve disputes.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
Court emphasized the necessity of mutual consent among parties for dispute arbitration and stipulated adherence to procedural mandates of the Arbitration and Conciliation Act.
Consent from both parties is pivotal for the appointment of an Arbitral Tribunal under loan agreements per the 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.
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as per the Arbitration and Conciliation Act, 1996.
Point of law: Parties shall duly perform their respective obligations under settlement agreement.
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 ....
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