Prateek Walia v. Nipun Bhatia
Arbitration and Conciliation Act, 1996 – Section 11(6) – appointment of arbitrator – Partnership Deed dated 25.10.2021
Case brief
What is this about?
ARB.P. 1720/2024; High Court of Delhi; Subramonium Prasad, J.; decision 13.02.2025; Section 11(6), Section 21, Section 12(2) Arbitration and Conciliation Act 1996; Partnership Deed dated 25.10.2021; Clause 17 arbitration clause; consent of 2/3rd partners; The Great Escape, Jibhi paradise; cafe and stay business at Jibhi, Himachal Pradesh; notice dated 07.09.2024; Prateek Walia v. Nipun Bhatia; Respondent No. 2; joint request for Sole Arbitrator; reference to Delhi International Arbitration Centre (DIAC); DIAC Schedule of Fees; rights and contentions kept open; petition disposed of.
What did the court decide?
Matter referred to the Delhi International Arbitration Centre (DIAC), which was requested to appoint an Arbitrator to adjudicate the disputes between the parties; arbitration to take place under the aegis of DIAC abiding by its rules and regulations, with arbitrator's fees as per the Schedule of Fees maintained by DIAC; Arbitrator to file requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference; all rights and contentions of the parties in relation to claims/counter-claims kept open to be decided by the Arbitrator on merits in accordance with law; parties left free to explore settlement before appointment of the Arbitrator; petition disposed of along with pending application(s), if any.