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DELHI HIGH COURT
PRATEEK JALAN
Chem Academy Pvt. Ltd. – Appellant
Versus
Praveen Malik – Respondent
| Table of Content |
|---|
| 1. appointment of arbitrator under faculty agreement. (Para 1 , 3 , 4) |
| 2. disputes over agreement breaches and arbitration initiation. (Para 5 , 6) |
| 3. non-arbitrability arguments and judicial review. (Para 8 , 9 , 12) |
| 4. court's view on claims' arbitrability and referral to arbitration. (Para 11 , 13 , 14) |
| 5. appointment direction and rights left open. (Para 15 , 16) |
JUDGMENT
Prateek Jalan, J. (Oral)--By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate the disputes between the parties under the "Faculty Agreement" dated 08.09.2021 ["the Agreement"]. By way of the said Agreement, the respondent was appointed as a member of faculty of the petitioner's institution which offers online and offline classes to students.
2. Notice of the petition was issued on 27.05.2022. Mr. Lakshay Joshi, learned counsel, has entered appearance on behalf of the respondent. Although the respondent has failed to file a reply to the petition pursuant to the liberty granted by the order dated 27.05.2022, Mr. Joshi sought to resist the petition on the grounds discussed in detail later i
The court reaffirmed that disputes arising from contractual agreements, including claims of breach, are arbitrable and emphasized the limited scope of judicial review under Section 11 of the Arbitrat....
The main legal point established in the judgment is the court's authority to appoint a Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and the discretion to leave disp....
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
The court affirmed the enforceability of an arbitration agreement and the jurisdiction under Section 11 of the Arbitration and Conciliation Act, despite challenges regarding the validity of signature....
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
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