Ank Hotels Pvt. Ltd. vs Ms DGN Resorts Partnership Firm

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Ank Hotels Pvt. Ltd. - Appellant
Versus
Ms DGN Resorts Partnership Firm - Respondent
Arb.P. 4 of 2022
Decided On : 11-05-2022

Important Points

Parties can consensually appoint an arbitrator, and procedural rules under the Arbitration and Conciliation Act must be adhered to, including disclosure requirements.

Subject

Arbitration - Appointment of Arbitrator

Headnote

(A) Arbitration and Conciliation Act, 1996 - Appointment of arbitrator - Parties consented to the appointment of a sole arbitrator to adjudicate the claims arising from the Hotel Operations Agreement dated 22.01.2019 - Legal representative for the respondent expressed no objection to this appointment. (Paras 1-3)

(B) Arbitration fees - Determined as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. (Paras 4)

(C) Disclosure requirements - Arbitrator required to furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks. (Paras 5)

Facts of the case:
The petitioner sought the appointment of an Arbitral Tribunal according to a prior agreement, and the respondent had no objection to the appointment.

Findings of Court:
The court appointed a retired judge as the sole arbitrator for resolving the disputes between the parties.

Issues: The key issues were the appointment of the arbitrator and procedural compliance regarding fees and disclosures.

Ratio Decidendi: The court emphasized the parties' consent in appointing the arbitrator, reaffirming the statutory framework guiding such appointments under the Act.

Result: The petition is disposed of as per the terms outlined.

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.