Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator under Clause 18 of a Service Agreement dated 24.03.2022. Respondent was served but did not appear. The court allowed the petition and appointed Mr. Brijender Singh, Advocate as sole arbitrator under DIAC aegis.
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ECOM EXPRESS LIMITED .....Petitioner Through: Ms Mehak Kalra, Ms Monica Besoya, Ms Samridhi Sachdeva and Mr Sarth Sharma, Advs.
versus
DEEPAK KUMAR, PROPRIETOR OF ARTU INFOTECH
.....Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R % 10.07.2024
“18. DISPUTE RESOLUTION : The Parties shall attempt to mutually resolve all disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity or termination within 15 days of being brought to its attention (“Consultation Period”) and if any such dispute is not resolved, the dispute shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996. The Parties shall mutually appoint a sole arbitrator for arbitration proceedings within 15 days following the expiry o/Consultation Period. If the Parties are not
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able to agree on a sole arbitrator, either of the Parties shall be entitled to approach the Court for the appointment of the arbitrator in terms of the Arbitration and Conciliation Act, 1996 (including the amendments thereto). The venue and seat of Arbitration shall be New Delhi and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The Arbitral award passed by the Arbitrator shall be in writing and shall be final and binding on the Parties”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 11:38:45
International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the „DIAC‟). The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration & Conciliation Act, 1996.
JASMEET SINGH, J
JULY 10, 2024 sr
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 11:38:45
1 issue framed by the court
Whether a sole arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 pursuant to the arbitration clause in the Service Agreement dated 24.03.2022?
3 provisions across 2 enactments
ECOM EXPRESS LIMITED
DEEPAK KUMAR, PROPRIETOR OF ARTU INFOTECH
Jasmeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
