Societe International De Telecommunications Aeronautiques (Sita Sc) v. Amsoft Systems Pvt. Ltd.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 899/2018 SOCIETE INTERNATIONAL DE TELECOMMUNICATIONS AERONAUTIQUES (SITA SC) ..... Petitioner Through Mr.Suman Jyoti Khaitan, Ms.Rita Dey, Mr.Kartik Sandal, Mr.Vikas Kumar, Advocates versus AMSOFT SYSTEMS PVT. LTD.

..... Respondent Through Mr.R.C. Khanna, Advocate

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 15.01.2019 1.

The petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act.

2.

The arbitration agreement between the parties is contained in Clause 2.25 of Co-location and Business Services Agreement dated 28th June, 2016. The petitioner invoked the arbitration by legal notice dated 04th October, 2018 which was sent to the respondent by e-mail, courier as well as Regd. Post.

3.

The arbitration agreement between the parties is not disputed. As such, there is no impediment in the appointment of an arbitrator by this Court.

4.

The petition is allowed and Justice Dr. B.B. Parsoon (Retd.) (Mobile: 9999688558) is appointed as a sole arbitrator to adjudicate the disputes between the parties including their claims as well as counter claims. 5.

The arbitration shall be conducted under the ageis of Delhi

International Arbitration Centre.

6.

The learned arbitrator shall ensure the compliance of Section 12 read with Fifth and Sixth schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

7.

The fee of the learned arbitrator shall be in accordance with the schedule of fees prescribed under the Delhi High Court Arbitration Centre (Administrative Costs and Arbitrators' Fees) Rules. 8.

Copy of this order be sent to the learned arbitrator. 9.

Copy of this order be sent to Delhi International Arbitration Centre. 10.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

JANUARY 15, 2019 dk