Full Text
ARB.P. 109/2021
OYO HOTELS AND HOMES PRIVATE LIMITED Petitioner
Through: Mr.Vivek Gupta,Advocate,
Through: Mr.Jay Kishore Singh,Advocate.
05.07.2021
ORDER
1. The petitioner is seeking appointment ofan Arbitrator under Section 11 ofthe Arbitration and Conciliation Act.
2. The arbitration agreement between the parties is contained in clause 23 of the accommodation booking services agreement dated 17'^ April, 2017.The petitioner invoked the arbitration on 09"^ November,2020.
3. The arbitration agreement between the parties and the invocation are not disputed. The petitioner has claims to the tune of more than Rs.28,00,000/-.
4. Learned counsel for the respondent submits that the respondent wants to make an endeavour to resolve the matter through mediation before commencement ofthe arbitration proceedings.
5. The petition is allowed and Ms. Cauveri Birbal, Advocate (Mobile No.9810017683)is appointed as a sole Arbitrator to adjudicate the disputes between the parties. 2021:DHC:4466
6. However, the learned Arbitrator shall commence the arbitration proceedings after a period of eight weeks to enable the parties to make an endeavour to resolve the matter.
7. List before Delhi High Court Mediation and Conciliation Centre on 12*July,2021 at04:00P.M.
8. Delhi High Court Mediation and Conciliation Centre shall send the report with respectto the mediation directly to DIAC.
9. Ifthe matter is resolved through mediation, the parties would not be required to pay the fees of the Arbitrator. However, if the matter remains unresolved within eight weeks, the learned Arbitrator shall enter upon reference and commence the arbitration proceedings.
10. The arbitration shall be conducted under the aegis of Delhi International Arbitration Centre(DIAC).
11. The learned Arbitrator shall ensure the compliance ofSection 12 read with Fifth, Sixth and Seventh Schedules ofthe Arbitration and Conciliation Act, 1996 before commencing the arbitration.
12. The fees of the learned Arbitrator shall be in accordance with the Schedule offees prescribed under the Delhi International Arbitration Centre (DIAC)(Administrative Costs and Arbitrators'Fees)Rules,2018.
13. Copy ofthis order be sentto the learned Arbitrator.
14. Copy of this order be sent to Delhi International Arbitration Centre (DIAC). J.R. MIDHA,J.