High Court of DelhiARB.P./535/2016

Lloyd Insulation (India) Ltd. v. Kss Petron Pvt. Ltd.

2016-10-25Hon'Ble Dr. Justice S.Muralidhar2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 535/2016 LLOYD INSULATION (INDIA) LTD ..... Petitioner Through:

Ms. Neelam Rathore with Mr. Shashank Singh, Advocates.

versus KSS PETRON PVT LTD ..... Respondent Through:

Mr. Vinod Wadhwa, Advocate.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 25.10.2016

1. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 ('Act') filed by the Petitioner against the Respondent seeking the appointment of an Arbitrator to adjudicate the disputes between the parties.

2. Having heard learned counsel for the parties, the Court is of the view that since for the purposes of Section 11 (6A) of the Arbitration and Conciliation Act 1996 ('Act') the existence of an arbitration agreement is not disputed, the disputes can be referred to a sole Arbitrator

3. The Court, accordingly, proposes that Mr. Shashwat Bajpai, Advocate (Mobile No. 9811208936) be appointed as sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre ('DAC'). In the first instance the proposed Arbitrator will make a disclosure to the DAC in terms of Section 11 (8) read with ARB.P. 535/2016

Section 12 (1) of the Act and thereafter enter upon reference. DAC will provide to the parties copies of the said disclosure. In the event the disclosure is not made within a reasonable time or such disclosure discloses the inability of the proposed Arbitrator to act as such, it will be open to the parties to apply to this Court for directions.

4. Subject to compliance with the above direction, Mr. Bajapi will act as Arbitrator and enter upon reference. The fees of the learned Arbitrator will be in terms of the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules.

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

S.MURALIDHAR, J OCTOBER 25, 2016 Rm ARB.P. 535/2016