Shashi Kumar v. Bioruns Pvt. Ltd.

$~OS-30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 266/2017 SHASHI KUMAR ..... Petitioner Through Mr.Atul Sahi, Adv. for applicant versus BIORUNS PVT. LTD.

..... Respondent Through Mr.Vatsal Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 11.09.2017 This is a petition under section 11(6) of the Arbitration and Conciliation Act, 1996 seeking to appoint a Sole Arbitrator to adjudicate the disputes between the parties. The admitted position is that the Agreement between the parties dated 4.1.2016 has an arbitration clause, namely, clause

17. The said clause provides that in case of dispute arising between the parties the same shall be referred to the Sole Arbitrator mutually decided by the parties. In case a common Arbitrator cannot be decided upon both the parties are to appoint one Arbitrator and the two Arbitrators will appoint the third Arbitrator. The arbitration clause has been invoked by the petitioners vide notice dated 3.10.2016.

Learned counsel for the parties submit that a Sole Arbitrator may be appointed. The Delhi International Arbitration Centre may appoint a Sole Arbitrator. The arbitration proceedings shall be held under the aegis of the Delhi International Arbitration Centre.

Copy of the order be sent to the learned Arbitrator and DIAC. Petition stands disposed of. All pending applications, if any, also stand disposed of.

JAYANT NATH, J SEPTEMBER 11, 2017 n