The Delhi High Court, accepting a prima facie case for an arbitration agreement in a lease deed, ordered the appointment of a sole arbitrator through DIAC under the Act, despite the respondents' non-appearance and lack of reply.
Petition allowed; appointment of a sole arbitrator agreed upon nomination by DIAC; proceedings governed by DIAC Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI
RAMA ARORA ..... Petitioner Through: Ms. Damini Chawla and Mr. Musheer Zaidi, Advocates.
versus
SANTOSH KUMAR SINGH & ANR. ..... Respondents Through: None.
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R
% 27.02.2024 1. By way of the present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, [“the Act”], the petitioner seeks appointment of a Sole Arbitrator to adjudicate disputes between the parties, under a registered lease deed dated 01.05.2018.
Page 1 of 2
ARB.P. 991/2023
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 24/05/2024 at 11:39:35
They have neither filed the reply in terms of the liberty granted, nor paid costs. In these circumstances, I do not consider it necessary to await their appearance further.
PRATEEK JALAN, J
FEBRUARY 27, 2024/ SS/
Page 2 of 2
ARB.P. 991/2023
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 24/05/2024 at 11:39:35
2 issues framed by the court
Whether the High Court should appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when the respondents fail to file a reply.
Whether the Delhi International Arbitration Centre (DIAC) is the appropriate institution for nominating the arbitrator.
2 provisions across 1 enactments
RAMA ARORA
SANTOSH KUMAR SINGH
PRATEEK JALAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
