Richard Caswell v. Akshay Madhavan

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 808/2016 RICHARD CASWELL ..... Petitioner Through: Ms. Monica Kapoor , Advocate along with Petitioner in person.

versus AKSHAY MADHAVAN ..... Respondent Through: Mr. Anant Garg with Mr. Nimanniyu Sharma, Advocates.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 24.03.2017

1. The parties are agreeable to the Court appointing a sole Arbitrator for adjudication of the disputes between the parties including their claims and counter-claims.

2. Accordingly, this Court proposes that Mr. Justice M. Karpaga Vinayagam, a former Chief Justice of the Jharkhand High Court, be appointed as sole Arbitrator for adjudication of 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').

3. In the first instance, the learned Arbitrator will make a disclosure in terms of Section 11 (8) read with Section 12 (1) of the Act and, thereafter, enter ARB.P. 808/2016

upon reference. In the event the disclosure is not made within a reasonable time or such disclosure discloses the inability of the learned 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, the learned Arbitrator 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 parties will appear before the Additional Coordinator DAC on 4th April 2017 at 11 am for further steps.

6. The petition is disposed of. A copy of this order be communicated to the learned Arbitrator as well as Additional Coordinator, DAC forthwith. S.MURALIDHAR, J MARCH 24, 2017 Rm ARB.P. 808/2016