M/S Genesis Burson-Marsteller Public Relations Pvt Ltd v. M/S O-Six Travel & Hospitality Pvt Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 191/2014 M/S GENESIS BURSON-MARSTELLER PUBLIC RELATIONS PVT LTD ..... Petitioner Through Mr. Kuldeep Singh Rathor, Adv.

versus M/S O-SIX TRAVEL & HOSPITALITY PVT LTD..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 25.04.2017 1.

The present petition is filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator in terms of Clause 5 of the Agreement dated 17.09.2012.

2.

The parties entered into an agreement on 17.09.2012 whereby the petitioner was to provide specialised services to boost corporate brand and establishing imagery for individual brands of the respondent. The tenure of the engagement of the petitioner was for 12 months. The respondent was liable to pay to the petitioner Rs.1 lakh per month as professional fee plus other amounts and the petitioner raised the invoices/bills for payments of dues for the months from September, 2012 to November 2012. The respondent has failed to reimburse the same. As disputes have arisen, the petitioner sent notice dated 01.12.2013 invoking the arbitration clause. 3.

The respondent has been served through publication. ARB.P. 191/2014

4.

Arbitration Clause 5 of the Agreement reads as follows:- "Dispute Resolution and Jurisdiction: The Client and GBM shall endeavor to amicably settle any differences or disputes that may arise out of or in connection with this proposal, failing which the dispute will be settled though arbitration under the provisions of the Indian Arbitration and Conciliation Act 1996 and any statutory modification or reenactment for the time being in force. The venue of the arbitration shall be in New Delhi."

5.

In view of the arbitration clause, the present petition is allowed. 6.

The disputes are referred for arbitration to Delhi International Arbitration Centre. Copy of this order be also served on the said Centre. The Centre shall abide by the rules and regulations governing the Arbitration Centre.

JAYANT NATH, J APRIL 25, 2017 rb ARB.P. 191/2014