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DELHI HIGH COURT
CHANDRA DHARI SINGH
BBR (India) Private Limited – Appellant
Versus
ATS Housing Private Limited – Respondent
| Table of Content |
|---|
| 1. factual background of arbitration request (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. opposition to claims acknowledged, dispute is arbitral (Para 10) |
| 3. court's referral of disputes to arbitration (Para 11) |
| 4. conclusion and directive for compliance (Para 12 , 13) |
ORDER
Chandra Dhari Singh, J. (Oral)
I.A. 18557/2022 (Exemption)
Exemptions allowed subject to just exceptions.
The applications stand disposed of.
ARB.P. 1250/2022
1. The present petition has been filed on behalf of the petitioner seeking the appointment of a Sole Arbitrator under the provision of Section 11 of the Arbitration and Conciliation Act, 1996 qua the dispute arising out of the Standard Terms and Conditions of Contract and Work Order.
2. Learned counsel for the petitioner submitted that the Petitioner is a Civil Engineering Contractor working in and around National Capital Territory of Delhi on a wide range of civil engineering projects, from conception to completion. The respondent is an entity inside the ATS Group, of which it is a subsidiary.
3. It is submitted on behalf of the petitioner the respondent's primary business activity consists of building residential properties in the Natio
The court appointed a sole arbitrator to resolve contractual disputes under the Arbitration and Conciliation Act, 1996, affirming the parties' mutual agreement for arbitration.
The court affirmed that the disputes between the parties were arbitral in nature and appointed a sole arbitrator under the Arbitration and Conciliation Act, 1996.
Unilateral appointment of an arbitrator is impermissible; parties must appoint an arbitrator jointly or seek court appointment to ensure unbiased dispute resolution.
No single party can be permitted to unilaterally appoint the Arbitrator, as it would defeat the purpose of unbiased adjudication of dispute between parties.
The main legal point established is the court's authority to appoint a Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to resolve disputes between parties as agreed upo....
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
The court confirmed the existence of an arbitration agreement and mandated the appointment of a sole arbitrator to adjudicate contract disputes, highlighting the necessity of complying with contractu....
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