JUDGMENT (ORAL) 04.09.2024

ARB.P. 1012/2024

1. This is a petition filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, “the 1996 Act”,hereinafter for reference of the disputes between the parties to arbitration.

2. The dispute arises in the context of an agreement dated 1 November 2020 executed between the petitioner and the respondent. Clause 19 of the agreement envisages resolution of disputes through arbitration and reads thus :

“19.DISPUTERESOLUTION

In the event of any dispute arising between the Company and the Consignment Sales Agent out of or in relation to the present agreement including any question regarding its existence, validity or termination, may be resolved by mutual discussion at the corporate office of the Company, failing which shall be referred to and finally resolved by Arbitration exclusively at DELHI under the provisions of Arbitration & Conciliation Act,1996. All disputes between the parties to be conducted by a sole arbitrator duly appointed by the Company which shall deem to be accepted by the Consignment Sales Agent, subject to the provisions of Arbitration & Conciliation Act, 1996. The seat, or legal place, of arbitration shall be ex