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Judgment
On the last date of hearing, notice was issued to the Respondent and the Respondent was asked to file a reply to the present petition. Mr. Anil Kumar, appeared for the Respondent today and waived his right to file the reply.
Learned Counsel for the parties are ad idem that the disputes may be referred to arbitration.
In the present case, Clause 34.4 of the contract agreement dated 07.07.2015 has an arbitration clause. Accordingly, this Court is of the view that a valid binding agreement exists between the parties under Clause 34.4.
In the aforesaid circumstances and no objection from the Respondent, this Court finds no impediment in appointing a Sole Arbitrator to adjudicate the disputes between the parties.
Accordingly, Mr. Ishwar Singh, Advocate (Mob. No. 9602425161) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within two weeks from today.
The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within three weeks of entering reference.
The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law.
It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order.
The Registry is directed to send a receipt of this order to Mr. Ishwar Singh, learned Arbitrator through all permissible modes including email.
Accordingly, the present petition is disposed of in the above terms.