IN THE HIGH COURT OF DELHI AT NEW DELHI
Harish Vaidyanathan Shankar, J
Hero Motocorp Ltd – Appellant
Versus
Petal Automotion – Respondent
| Table of Content |
|---|
| 1. overview of the petition, arbitration clause, and existing negotiation notices. (Para 1 , 2 , 3) |
| 2. judicial requirement to exhaust mandatory pre-arbitration negotiation procedures. (Para 4 , 5 , 6) |
O R D E R
1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [“Act”], seeking the appointment of a Sole Arbitrator in terms of Clause 24.15 of the Authorized Dealer Agreement dated 13.12.2019 [“Agreement”] as between the Petitioner and Respondent No. 1. The said Clause reads as under:
“24.15 Arbitration and Dispute Resolution
(a) Any dispute or difference between the Parties arising out of or in connection with this Agreement, including any question regarding its interpretation, existence, performance, validity, or termination, either during the term of the Agreement or at anytime thereafter, will ,be settled between the Patties through friendly consultations and negotiations.
(b) If no settlement can be reached through friendly consultations and negotiations as discussed in Article 23.15(a) of this Agreement within thirty (30) days of one Party delivering a notice of the dispute or difference to the other Party,
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