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CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 04.09.2025 1.
These petitions are filed by the Petitioner under Section 11(2) and (5) of Arbitration and Conciliation Act, 1996 ('1996 Act') for appointment of a substitute Arbitrator owing to the fact that the Sole Arbitrator appointed by this Court has resigned vide order dated 28.01.2025 expressing his inability to continue as an Arbitrator in terms of Section 13(3) of 1996 Act. 2.
Mr. Ashish Mohan, learned Senior Counsel submits that on account of various allegations against the Arbitrator, the learned Arbitrator has chosen to resign and the reasons which compelled him to resign are detailed in order dated 28.01.2025. In this light, it is urged a substitute Arbitrator be appointed so that the arbitral proceedings are resumed and continued. 3.
Learned counsel appearing for the Respondent, seeks to justify the conduct of the Respondent and submits that Respondent cannot be blamed for the resignation of the Arbitrator.
4.
After canvassing some arguments, learned Senior Counsel for the Petitioner and learned counsel for the Respondent, on instructions, submit that Mr. Justice G.S. Sistani, former Judge of this Court be appointed as a Sole Arbitrator in these petitions.
5.
In view of the consent of the parties and without going into allegations and counter allegations and as proposed and agreed by them, Mr. Justice G.S. Sistani, former Judge of this Court (Mobile No. 9871300034) is appointed as Sole Arbitrator to adjudicate the disputes between the parties. Arbitral proceedings shall be held under the aegis of Delhi International The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Arbitration Centre ('DIAC'). Fee of the Arbitrator shall be fixed as per fee schedule under DIAC (Administrative Cost & Arbitrators' Fees) Rules 2018.
6.
Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference.
7.
As agreed, learned Arbitrator shall resume the proceedings from the stage at which they were left.
8.
It is made clear that this Court has not expressed any opinion on the merits of the cases and all rights and contentions of the parties are left open. 9.
Petitions are disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 4, 2025/RW The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.