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DELHI HIGH COURT
SANJEEV SACHDEVA
Ank Hotels Pvt. Ltd. – Appellant
Versus
Ms DGN Resorts Partnership Firm – Respondent
| Table of Content |
|---|
| 1. appointment of arbitrator based on agreement. (Para 1) |
| 2. respondent's consent for arbitration. (Para 2) |
| 3. procedures and fees related to arbitration. (Para 3 , 4 , 5) |
| 4. conclusion and disposal of the petition. (Para 6) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitral Tribunal pursuant to Hotel Operations Agreement dated 22.01.2019.
2. Mr. Surender Singh, Advocate enters appearance for the respondent. He submits that he has no objection to the appointment of an Arbitral Tribunal.
3. With the consent of the parties and without prejudice to their rights and contentions, Mr. Justice Vinod Goel (Retd), former Judge of this Court (Mobile No. +91 99103 84637) is appointed as sole Arbitrator to adjudicate the claims and counter claims, if any, of the parties.
4. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
5. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.
6. The petition is disposed of in the above terms.
Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.
The court confirmed that appointment of an Arbitral Tribunal can occur with mutual consent of parties, per Arbitration and Conciliation Act, 1996.
Consent from both parties is pivotal for the appointment of an Arbitral Tribunal under loan agreements per the Arbitration and Conciliation Act, 1996.
Consensual appointment of an Arbitrator facilitates dispute resolution, as per the Arbitration and Conciliation Act, ensuring rights and contentions are preserved.
Parties can resolve disputes through arbitration when they mutually consent, cementing the arbitration process as 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 agree to arbitration, and courts will appoint an arbitrator to resolve disputes accordingly.
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 an alternative arbitration method despite specified procedures in their agreement, thus allowing for flexibility in dispute resolution.
Parties may consent to arbitration under an agreement, leading to the appointment of an arbitrator to resolve disputes.
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