Dilip Kumar Swain v. Union of India

Delhi High Court · 08 Apr 2022 · 2022:DHC:1269
Sanjeev Sachdeva
ARB.P. 282/2022
2022:DHC:1269
other petition_allowed

AI Summary

The Delhi High Court appointed a sole arbitrator for identical disputes arising under arbitration agreements dated 10.04.2014, directing fees and disclosure as per the Arbitration and Conciliation Act, 1996.

Full Text
Translation output
ARB.P. 282/2022 & connected matters
HIGH COURT OF DELHI
JUDGMENT
delivered on: 8th April, 2022
ARB.P. 282/2022
DILIP KUMAR SWAIN ..... Petitioner
versus
UNION OF INDIA THROUGH GENERAL MANAGER NORTHERN
RAILWAYS ..... Respondent
ARB.P. 283/2022
versus
AND
ARB.P. 284/2022
versus
Advocates who appeared in this case:
For the Petitioner: Mr. Chetan Wahi, Advocate.
For the Respondent: Mr. Jagjit Singh, Mr. Preet Singh, Mr. Vipin Chaudhary and Ms. Kalyani, Advocates.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J 2022:DHC:1269
ARB.P. 282/2022 & connected matters

1. Petitioner seeks appointment of an arbitral tribunal in terms of similar agreements all dated 10.04.2014. The arbitration clause stipulates reference to the dispute to a sole arbitrator.

2. Learned counsel for respondent submits that without prejudice to their defence, they have no objection to appointment of a sole arbitrator.

3. Learned counsel for parties submits that since the disputes arising in the three petitions are identical in nature, one common arbitral tribunal be constituted.

4. Accordingly, with the consent of the parties, Mr. Jai Sahai Endlaw, Advocate is appointed as the Sole Arbitrator.

5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. The fee of the Arbitrator shall be paid equally by the parties.

6. The Arbitrator shall file the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7. The petitions are disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 08, 2022