National Academy v. Educomp Solutions Limited & ANR.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 6/2018 NATIONAL ACADEMY ..... Petitioner Through:

Mr.B.S. Bagga, Adv.

versus EDUCOMP SOLUTIONS LIMITED & ANR.

..... Respondents Through:

Mr.Achint Singh Gyani, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.03.2018 This application has been filed under Section 14 read with Section 15 of the Arbitration and Conciliation Act, 1996, praying for the termination of the mandate of the Sole Arbitrator appointed by the respondents unilaterally vide their reference letter dated 29.05.2017 and for appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties. The learned counsel for the respondents submits that the respondents have no objection if the petition is allowed and the mandate of the Arbitrator appointed by the respondents is terminated and the parties are referred to the Delhi International Arbitration Centre (hereinafter referred to as the 'DIAC') for adjudication of disputes.

The counsel for the petitioner also has no objection if the parties are referred to DIAC.

Accordingly, the mandate of the Sole Arbitrator appointed by the respondents vide reference letter dated 29.05.2017 shall stand terminated. The parties are directed to appear before the DIAC on 20th March, 2018 at

3:00 p.m. The DIAC shall appoint a Sole Arbitrator for adjudicating the disputes that have arisen between the parties. The arbitration shall be conducted denovo without any reference to the earlier arbitration proceedings held by the Arbitrator whose mandate is terminated by this order. The arbitration and the fee shall be governed by the DIAC rules. Dasti.

NAVIN CHAWLA, J MARCH 06, 2018/rv