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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Varun Gupta - Appellant
Versus
Irrigation and Flood Control Department Govt. of NCT of Delhi - Respondent
Arb.P. 188 of 2022
Decided On : 12-05-2022
| Table of Content |
|---|
| 1. disputes related to arbitration clause. (Para 1) |
| 2. claims under consideration and ongoing disputes. (Para 2 , 3) |
| 3. agreement to refer disputes to arbitration. (Para 4) |
| 4. arbitrator appointment and fees. (Para 5 , 6 , 7) |
| 5. petition disposed of as per terms. (Para 8) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks reference of disputes arising out of arbitration clause contained in the work agreement dated 10.01.2017.
2. Learned counsel appearing for the respondent submits that some of the claims of the petitioner are under consideration and there is a likelihood that they shall be settled soon and thereafter payment would be made shortly.
3. Learned counsel for the petitioner submits that even if some of the claims are paid there will be still some surviving disputes and further there is no clarity as to when the payment of the claimed amount would be made by the respondent. He accordingly submits that since the disputes would continue to survive, they be referred to arbitration.
4. Without prejudice to the above, learned counsel for the parties agree that the disputes be referred to Delhi International Arbitration Centre for appointment of a Sole Arbitrator for adjudication of the disputes.
5. In view of the above, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint a sole arbitrator to arbitrate the disputes. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.
6. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.
7. The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.
8. Petition is disposed of in the above terms.
Disputes arising from a work agreement must be referred to arbitration when an arbitration clause exists, regardless of claims under consideration.
Arbitration disputes can be referred to the designated arbitration body with mutual consent from both parties, ensuring compliance with procedural requirements as stipulated by relevant statutes.
The court affirmed that disputes arising from a common contract can be referred to an Arbitral Tribunal if both parties consent to the arbitration venue.
The court confirmed that disputes can be referred to arbitration with mutual consent under the Arbitration and Conciliation Act, ensuring adherence to procedural rules.
The court confirmed the validity of arbitration clauses in contracts and emphasized procedural adherence under the Arbitration and Conciliation Act, ensuring transparency through mandatory disclosure....
Parties may consent to arbitration for disputes arising from contractual obligations, with specific provisions for arbitrator fees and necessary disclosures as per applicable law.
The court ruled that mutual consent between the parties allows for the appointment of an Arbitral Tribunal under the Arbitration and Conciliation Act, with stipulations on fees and disclosures.
Court can correct claim amounts for arbitration disputes, confirming arbitration referral with party consent per Arbitration Act provisions.
The court referred the lease agreement disputes to arbitration at the Delhi International Arbitration Centre, following the respondent's non-objection to this referral.
Parties in a partnership may resolve disputes through arbitration as per their agreement and consent, including provision for fees and necessary disclosures.
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