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Judgment
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act), seeking appointment of an Arbitrator, to adjudicate upon the disputes that have arisen between the parties.
The parties have admitted that an arbitration clause exists in the agreement between the parties and have also mutually consented to the appointment of an arbitrator. Learned counsel appearing for respondent No.1 further submits that his right to raise a counter claim be reserved.
A dispute has arisen with respect to the Lease Agreement dated 16.10.2018. Clause 13 thereof provides for arbitration, which is extracted as under:
“13. Governing Laws
That in case of any dispute of whatever nature arising out of this agreement shall be decided by the parties through Sole Arbitrator as per the provisions of Arbitration and Conciliation Act which will be appointed by mutual consent of both the parties and arbitration proceedings shall take place in Delhi.
This lease agreement shall be construed in accordance with and governed by the laws of India. The parties irrevocably agree that the courts of New Delhi shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this lease agreement or its connected matters.”
Considering that disputes have arisen between the parties and there is an arbitration clause in the contract, there is no impediment in the appointment of a Sole Arbitrator, reserving all rights and contentions including liberty in favour of the respondent to file counter claim.
Accordingly, Mr. Udai Khanna, Adv. (Mobile No. +91 95409 54431, e-mail id: [email protected]) is appointed as the Sole Arbitrator.
The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and in terms of its rules and regulations. The Sole Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
The Sole Arbitrator is also requested to file the requisite disclosure under Section 12 (2) of the Act within a week of entering on reference.
All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the Sole Arbitrator on their merits, in accordance with law.
Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy between the parties. Let a copy of the instant order be sent to the Sole Arbitrator through electronic mode as well.
Accordingly, the instant petition stands disposed of.