Colliers International India Property Services Pvt Ltd v. Iris Tech Park Facility Management Services

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 1018/2024 & I.A. 33254/2024 COLLIERS INTERNATIONAL INDIA PROPERTY SERVICES PVT LTD .....Petitioner Through:

Mr. Pulkit Deora and Mr. Harsh Gurbani, Advocates.

versus IRIS TECH PARK FACILITY MANAGEMENT SERVICES .....Respondent Through:

Mr.

Nitin Saluja, Ms.

Simran Khurana, Mr. Anubhav Singh and Ms. Ishita Soni, Advocates

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 15.07.2024 1.

The petitioner has approached this Court, under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], for appointment of an arbitrator to adjudicate disputes between the parties under an Agreement dated 11.11.2022 entitled "General Agreement for Services" ["the Agreement"].

2.

The Agreement contains an arbitration clause, which provides for resolution of disputes by arbitration of a sole arbitrator. Delhi has been designated as the seat of arbitration, and the Courts in Delhi have been vested with exclusive jurisdiction over the Agreement. 3.

Disputes having arisen between the parties, the petitioner invoked arbitration by a communication dated 21.03.2024, and suggested the ARB.P. 1018/2024 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 00:01:36

names of certain proposed arbitrators. The respondent replied through counsel on 12.04.2024. It appears from the respondent's reply that the existence of the arbitration clause is not disputed, but the parties could not achieve consensus as to the appointment of the arbitrator. 4.

Mr. Nitin Saluja, learned counsel, appears on behalf of the respondent, and submits that the disputes may be referred to arbitration leaving all rights and contentions of the parties open for adjudication. 5.

With the consent of learned counsel for the parties, the petition is disposed of with the following directions:

a. The disputes under the Agreement dated 11.11.2022 are referred to arbitration of Ms. Bani Dikshit, Advocate [Tel:- 9810993368]. b. The arbitration will be held under the aegis of Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi110503 ["DIAC"], and will be governed by the Rules of DIAC, including as to the remuneration of the learned Arbitrator. c. The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act, prior to entering upon the reference. 6.

It is made clear that all rights and contentions of the parties are left open for adjudication before the learned Arbitrator. 7.

The petition, alongwith the pending application, is disposed of. PRATEEK JALAN, J JULY 15, 2024 SS/ ARB.P. 1018/2024 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 00:01:36