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HIGH COURT OF DELHI
M/S SUNRISE ENTERPRISES – Appellant
Versus
IRRIGATION AND FLOOD CONTROL DEPARTMENT GOVT. OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. appointment of arbitrator based on contractual disputes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. details on dispute resolution mechanism. (Para 9) |
| 3. jurisdiction of the court under a&c act. (Para 10) |
| 4. agreement on arbitrator qualifications and appointment. (Para 11 , 12) |
| 5. necessity of appointing independent arbitrator. (Para 13 , 14) |
| 6. order allowing appointment and preserving rights. (Para 15 , 19 , 20 , 21) |
JUDGMENT :
SACHIN DATTA SACHIN DATTA, J.
1. The present petition filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the A&C Act’) seeks appointment of a sole arbitrator to adjudicate the disputes between the parties.
2. The disputes between the parties have arisen in the context of a Letter of Acceptance (LoA) dated 16.03.2023 bearing No.EE/CD-XIII/Acs/2022- 23/83/6434, awarded to the petitioner for the works of ‘Maintenance of Mungleshpur Drain from RD 0m to 10362m 2711-Revenue’ at a contract price of Rs.16,90,716/-
3. As per the letter dated 27.03.2023, bearing No. EE/CDXIII/Acs/2022-23/83/6619, the stipulated date for commencement of the works was 31.03.2023 and completion was 26.09.2023. Further, in compliance of t
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....
The court emphasized the necessity of appointing an independent Sole Arbitrator for arbitration disputes, following the principles established in prior Supreme Court judgments.
The conciliation process in the contract agreement was not mandatory, and non-compliance did not bar the petitioner from invoking arbitration.
Point of Law : Whatever advantage a party may derive by nominating an arbitrator of its choice would get counter balanced by equal power with the other party. But, in a case where only one party has ....
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