The court allowed the petitioner's application for the appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, due to the respondent's failure to appear despite valid service.
Appointment of Mr. Ankit Jain as Sole Arbitrator; arbitration under DIAC aegis.
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SNAP ON TOOLS PRIVATE LIMITED .....Petitioner
Through: Mr. Sharanya Bhatnagar, Adv.
versus
MS R K PNEUMATIC AND EQUIPMENT .....Respondent
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 20.09.2024
This is a digitally signed order.
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which reads as under:-
"Clause 16.2 Arbitration
16.2 Each of the Party agrees to resolve any dispute or difference arising out of or relating to or in connection with the Interpretation, breach or termination of this Agreement in terms of the (Indian) Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof The place of arbitration shall be New Delhi, India. The language of arbitration proceedings shall be English. The arbitration shall be conducted by sole Arbitrator, appointed by and at the sole discretion of the Company. The arbitration award shall be final and binding upon the Parties. The cost of arbitration shall be borne equally by the parties to the Arbitration, if not otherwise decided by the Arbitration Tribunal. "
iii) The remuneration of the learned Arbitrator shall be in terms
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 02/07/2025 at 00:05:40
of DIAC (Administrative Cost and Arbitrators‟ Fees) Rules, 2018.
iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.
v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.
vi) The parties shall approach the learned Arbitrator within two weeks from today.
JASMEET SINGH, J
SEPTEMBER 20, 2024/NG
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 02/07/2025 at 00:05:40
1 issue framed by the court
Whether the petition for appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is maintainable?
2 provisions across 1 enactments
Snap On Tools Private Limited
MS R K Pneumatic and Equipment
Jasmeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
