Naysa Vas Communications Private Limited v. Telenor (India) Communications Pvt. Ltd. & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 5.

+ ARB.P. 398/2016 & IA 14423 of 2016 NAYSA VAS COMMUNICATIONS PVT LIMITED..... Petitioner Through: Mr. Tarun Sharma, Ms. B. Prabha, Advocates.

versus TELENOR (INDIA) COMMUNICATIONS PVT. LTD. & ORS. ..... Respondent Through: Mr. Shailesh K Kapoor, Ms. Suruchi Thapar, Mr. Ajay Kumar, Advocates.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 22.11.2016

1. Both the parties agree that the order similar to the order dated 3rd November 2016 in Arb.P.No. 401 of 2016, between the same parties, can be passed in the present petition as well.

2. Accordingly, for the reasons already explained in the order dated 3rd November 2016 in Arb.P.No. 401 of 2016, the disputes that have arisen between the Petitioner and the Respondent in relation to the Agreement on Responsible Business Conduct dated 15th March 2013 and Service Agreement dated 4th May 2015 are referred to arbitration.

3. It is agreed by the Respondent that any reference to 'Arbitration Institute of the Stockholm Chamber of Commerce' and 'International Chamber of Commerce (ICC) in Stockholm, Sweden' in the Agreement on Responsible Arb. P. No. 398/2016 Page 1 of 2

Business Conduct should be read as Delhi International Arbitration Centre ('DAC'). The Respondent agrees that the place of arbitration can be Delhi. It is clarified that the arbitration will take place under the Arbitration & Conciliation Act, 1996.

4. The Petitioner has already nominated Justice K. Ramamoorthy, a former Judge of this Court as its nominee Arbitrator. The Respondent has nominated Ms. Madhurima Mridul, Advocate, as its Arbitrator. Both the said Arbitrators shall nominate the third Arbitrator within a period of four weeks. The Arbitral Tribunal (AT) will adjudicate the disputes between the parties including their claims and counter claims. The arbitration shall take place under the aegis of the DAC. The fees of the members of the AT will be in terms of the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules. The authorized representatives of both the parties will appear before the DAC on 23rd November 2016 at 11 am.

5. The petition and the application are disposed of. A copy of this order be communicated to the learned Arbitrators abovenamed as well as the Additional Coordinator, DAC forthwith.

6. A copy of this order be given dasti under the signature of Court Master. S.MURALIDHAR, J NOVEMBER 22, 2016 mg Arb. P. No. 398/2016 Page 2 of 2