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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, CJ.
Lalita Singh - Appellant
Versus
Gopal Singh Khetwal - Respondent
Arbitration Application No. 24 of 2021
Decided On : 16-12-2022
Arbitration - Appointment of Sole Arbitrator - The court allowed the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed a sole arbitrator to adjudicate the disputes between the parties arising out of the agreement containing an arbitration clause.
Fact of the Case:
The applicant sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, to resolve disputes arising from an agreement related to the operation of a stone crusher.
Finding of the Court:
The court allowed the application and appointed a retired judge as the sole arbitrator to adjudicate all the disputes, claims, and counter-claims between the parties arising from the agreement.
Issues: Disputes between the parties under the agreement containing an arbitration clause, appointment of sole arbitrator, and adjudication of claims and counter-claims.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996, which empowers the court to appoint a sole arbitrator if the parties are unable to agree upon the constitution of an arbitral tribunal.
Final Decision: The court appointed a retired judge as the sole arbitrator to adjudicate all the disputes, claims, and counter-claims of the parties arising from the agreement, thereby disposing of the application.
JUDGMENT
Vipin Sanghi, CJ. - This application has been preferred by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996, to seek appointment of the sole Arbitrator, to resolve the disputes between the parties, in terms of the Agreement dated 01.05.2019, in relation to operation of stone crusher. The said agreement was extended upon its expiry. The said agreement contains an arbitration clause in Clause 18.
2. Disputes arose between the parties under the said agreement and, consequently, the applicant invoked the arbitration agreement vide notice dated 17.06.2021. Despite issuance of the said notice, parties have not been able to agree upon constitution of an Arbitral Tribunal and, consequently, the present application has been preferred.
3. Upon issuance of the notice, the respondent has put in appearance through counsel. Learned counsel for the respondent does not oppose the appointment of the sole Arbitrator by this Court to adjudicate all the disputes, claims/ counter-claims between the parties arising out of the aforesaid agreement.
4. Accordingly, I allow the present application and appoint Mr. Justice Jayant Nath, (Retd.), Judge, Delhi High Court (Mobile No.9810032986), to act as the sole arbitrator to adjudicate all the disputes, claims and counter-claims of the parties, arising out of the aforesaid agreement.
5. Application stands disposed of.
The central legal point established in the judgment is the court's authority under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator when the parties are unabl....
The court's decision was based on the existence of the Arbitration Agreement and the non-dispute by the respondent of the referability of disputes to arbitration.
The main legal point established is the court's adherence to the narrow examination of the existence of an arbitration agreement under Section 11(6A) and the emphasis on expeditious disposal of Secti....
Compliance with Section 21 for notice invoking the arbitration clause is necessary for arbitration proceedings to commence.
The main legal point established in the judgment is the necessity to adhere to the arbitration clause in the contract and the failure of the respondent to appoint an arbitrator in accordance with the....
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
The court appointed an arbitrator as the parties consented to arbitration under the existing arbitration clause, complying with statutory requirements.
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