Csl Finance Ltd. v. Mohd Rashid Khan and Anr.
Case brief
What is this about?
Section 11(6) arbitration appointment petition; Arbitration and Conciliation Act 1996 (A&C Act); CSL Finance Ltd v Mohd Rashid Khan and Anr.; Loan Agreement dated 30.09.2019; Clause 17 arbitration clause; arbitration seat Delhi; invocation notice dated 16.02.2024 under Section 21 A&C Act; consent of both parties to referral; sole arbitrator appointment (Monu Kumar, Advocate); proceedings under aegis of Delhi International Arbitration Centre (DIAC); DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018; Section 12 declaration/disclosure; arbitrability and preliminary objections left open; parties to approach arbitrator within two weeks; Delhi High Court ARB.P. 1171/2024 and I.A. 35465/2024; Justice Manoj Kumar Ohri; order dated 24 January 2025.
What did the court decide?
Appointment of Mr. Monu Kumar, Advocate as Sole Arbitrator and referral of the disputes under the Loan Agreement dated 30.09.2019 to arbitration under the aegis of DIAC, with remuneration per DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018 or as the parties may agree; the Arbitrator to furnish a Section 12 declaration before entering the reference; arbitrability, preliminary objections and merits left open; parties to approach the Arbitrator within two weeks.