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DELHI HIGH COURT
SANJEEV SACHDEVA
Positive Real Tech Pvt. Ltd. – Appellant
Versus
Jyoti Electricals – Respondent
| Table of Content |
|---|
| 1. appointment of arbitral tribunal sought (Para 1) |
| 2. claims and objections regarding arbitration process (Para 2 , 3 , 4) |
| 3. arbitration process and arbitrator's obligations established (Para 5 , 6 , 7) |
| 4. petition disposed of as per arbitration order (Para 8) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitral Tribunal in respect of the disputes that have arisen out of the work order dated 15.03.2021.
2. Learned counsel for the petitioner submits that on account a typographical error in the petition, the claim for loss of reputation has been mentioned as Rs.1 crore instead of Rs.10 lakhs. He submits that the claim be read as Rs.10 lakhs instead of Rs.1 crore.
3. Learned counsel appearing for the respondent submits that without prejudice to their rights and contentions, they have no objection to the Arbitral Tribunal being constituted and the disputes being referred to arbitration.
4. Without prejudice to the above, learned counsel for the parties pray that the parties be referred to Delhi International Arbitration Centre (DIAC).
5. In view of the above, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which
Court can correct claim amounts for arbitration disputes, confirming arbitration referral with party consent per Arbitration Act provisions.
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....
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.
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.
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.
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 appointment of a sole arbitrator following mutual consent underscores the importance of consent in arbitration proceedings as per the Arbitration and Conciliation Act, 1996.
The court referred the lease agreement disputes to arbitration at the Delhi International Arbitration Centre, following the respondent's non-objection to this referral.
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