Kapoor, Advocates for applicant v. Advocate for

Delhi High Court · 01 Dec 2015 · 2015:DHC:10822
ARB.P. Nos.630/2015, 631/2015, 632/2015, 633/2015, 634/2015, 637/2015, 638/2015, 642/2015, 643/2015, 644/2015, 648/2015, 649/2015, 650/2015, 651/2015 & 652/2015
2015:DHC:10822
civil appeal_allowed

AI Summary

The court appointed Justice B.A. Khan (Retd.) as sole arbitrator for multiple connected arbitration petitions and allowed arbitration fees to be computed on the aggregate value of claims, directing compliance with the 2015 Arbitration Amendment Ordinance.

Full Text
Translation output
%01.12.2015
Present:- Mr. Krishnendu Datta, Mr. Manish Srivastava and Mr. Arav
Kapoor, Advocates for applicant.
Mr. V.N. Koura, Ms. Mona Aneja and Mr. Sumit Singh, Advocate for respondents.
+ I.A. No.24409/2015 in ARB.P.630/2015
I.A. No.24419/2015 in ARB.P.63112015
I.A. No.24420/2015 in ARB.P.632/2015
I.A. No.2442112015 in ARB.P.633/2015
I.A. No.24422/2015 in ARB.P.634/2015
* Allowed, subject to just exceptions.
ARB.P. Nos.630/2015, 63112015, 632/2015, 633/2015, 634/2015, 637/2015, 638/2015, 642/2015, 643/2015, 644/2015, 648/2015, I 649/2015, 650/2015, 651/2015 & 652/2015.
JUDGMENT

1. Issue notice. Learned counsel for the respondents accepts notice. -

2. The petitioner is seeking appointment of an arbitrator under Section 11 1fthe Arbitration and Conciliation Act.

3. Learned counsels for the parties agree that there is a valid arbitration agreement and disputes between the parties have arisen which need to be refl~ed to the arbitration. Learned counsels further submit that in connected mafers bearing ARB.P. Nos.639/2015, 640/2015, 64112015, 645/2015, 64t2015, 647/2015 & 653/2015, Justice B.A. Khan (Retd.) has been ap~ointed as sole arbitrator. 4.[ The petitions are allowed and Justice B.A. Khan (Retd.) is appointed as sole arbitrator to adjudicate the disputes between the parties including I thefr claims and counter claims.

5. I Learned counsels for the parties submit that the arbitration fees be I I 2015:DHC:10822 compl1tFd by taking the gross value ofthe claims ofall connected cases. The prayer is allowed. Learned arbitrator shall' compute the arbitration fees by takin~~e gross value ofthe claims ofall the connected cases.,I

6. /The learned arbitrator shall ensure the compliance ofthe provisions of the ibitration and Conciliation (Amendment) Ordinance, 2015 before c01llIIl,ncing the arbitration.

7. rOPY of this order be given dasti to counsels for the parties under signature of COUli Master.

8. bopy ofthis order be sent to the learned arbitrator. DEctMBER 01, 2015 ak I -. ­