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DELHI HIGH COURT
SANJEEV SACHDEVA
Fresenius Medical Care India Private Limited – Appellant
Versus
Kerry Indev Logistics Private Limited – Respondent
| Table of Content |
|---|
| 1. appointment of arbitrator under arbitration act (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. dispute over liability and subrogation rights (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. distinction between assignment and subrogation (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. decision to appoint sole arbitrator (Para 22 , 23 , 24 , 25) |
| 5. final order and conclusion (Para 26 , 27) |
JUDGMENT
Sanjeev Sachdeva, J. By these petitions under Section 11 (6) of the Arbitration & Conciliation Act, 1996, petitioner seeks appointment of the respondent's nominee on the Arbitral Tribunal to adjudicate the disputes between the parties.
2. In ARB. P. 180/2022 and ARB. P. 181/20220, petitioner seeks appointment of the nominee of the respondent to Arbitral Tribunal pursuant to the Warehousing &Logistics agreement dated 15.03.2019 and 01.11.2018 respectively.
3. The terms and conditions of both the agreements are nearly identical and the factual matrix giving rise to the claims is also identical. The issues arising for consideration in the two petitions are common. Consequently, both the petitions are being disposed of by a common judgment.
4. Petitioner, as well as Respondent, entered into the re
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