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DELHI HIGH COURT
NAVIN CHAWLA
Earthz Urban Spaces Pvt. Ltd. – Appellant
Versus
Shiv Raj Kochhar – Respondent
| Table of Content |
|---|
| 1. dispute arising under the collaboration agreement. (Para 1 , 2 , 3) |
| 2. court's observations on jurisdiction and agreement status. (Para 4 , 10 , 12 , 15) |
| 3. arguments regarding the validity of the arbitration agreement. (Para 5 , 6 , 7 , 8 , 13 , 14) |
| 4. decision to appoint arbitrator. (Para 16) |
| 5. final order granting arbitration. (Para 17 , 18) |
JUDGMENT
Navin Chawla, J. (Oral)--This petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act'), seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Collaboration Agreement dated 30.04.2019 executed between the parties.
2. The Arbitration Agreement between the parties is in the following terms:
"Any dispute or difference touching this contract shall be referred to sole Arbitration as per provisions of The Arbitration and conciliation Act,1996 and Rules framed thereunder and award made shall be fully binding. However, work under the contract shall continue to proceed without any hinderance or obstruction from either of the parties. The venue of arbitration will be Delhi.
Issues related to the rescission of a contract and its effect on arbitration agreements must be determined by arbitration, reinforcing the principle that arbitration clauses are binding despite juris....
Court appointed a new Sole Arbitrator under the Arbitration and Conciliation Act due to the previous Arbitrator's demise, allowing all parties to raise issues before the new Arbitrator.
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....
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