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Judgment
The instant petition is filed under Section 11 of the Arbitration and Conciliation Act of 19961 for resolution of disputes arising out of Product Development Agreement dated 28.03.2023 and 21.02.2024.
The Petitioner is aggrieved by the alleged non-payment by the Respondent.
Notice was issued on 28.04.2026. However, none has put in appearance on behalf of the Respondent nor any reply has been filed.
It further appears that service is sufficient as per the affidavit of service filed by learned Counsel for the Petitioner.
The tracking report on record qua service to the Respondent is as follows:
It is well settled that while exercising jurisdiction under Section 11 of the Act, the scope of enquiry is confined to examining the prima facie existence of an arbitration agreement.
In the present case, Clause 20.8(c) of the Agreements contains the arbitration agreement as follows:
“20.8 Governing Law and Dispute Resolution
(c)Such arbitration shall be in accordance with the rules framed under the provisions of the Arbitration and Conciliation Act, 1996 (which rules are deemed to be incorporated in this Agreement by reference herein) and shall be held in New Delhi. All proceedings of such arbitration shall be in the English language.”
Accordingly, this Court is of the view that prima facie an arbitration agreement exists between the parties.
In the aforesaid circumstances, this Court finds no impediment in appointing a Sole Arbitrator.
Accordingly, Ms. Hemlata Rawat, Advocate (Mob. No.9811022733) 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 three 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 before the learned Sole Arbitrator including but not limited to with respect to the impleadment of parties, objection as to arbitrability and jurisdiction before the learned Sole Arbitrator, who shall consider 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 Ms. Hemlata Rawat, learned Arbitrator through all permissible modes including email.
Accordingly, the present petition is disposed of in the above terms.
Footnotes
- 1.“Act” hereinafter