Former Judge appointed as sole Arbitrator to resolve disputes The Court appointed Mr. Ram Prakash, a former District & Sessions Judge, as the sole Arbitrator to resolve disputes between the parties, including ...
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Former Judge appointed as sole Arbitrator to resolve disputes
The Court appointed Mr. Ram Prakash, a former District & Sessions Judge, as the sole Arbitrator to resolve disputes between the parties, including their claims and counter-claims. The arbitration will be supervised by the Delhi International Arbitration Centre, with the Arbitrator's fees governed by the center's rules. The judgment disposed of the petition, directing the delivery of the order to the appointed Arbitrator and the Additional Coordinator of the Delhi International Arbitration Centre promptly.
Issues: 1. Validity of full and final payment and supplementary agreement acceptance by the Petitioner. 2. Appointment of an Arbitrator as per the agreement between the parties.
Analysis: The judgment addresses the objections raised by the Respondent's counsel regarding the Petitioner's acceptance of full payment and signing of the supplementary agreement. The Respondent sought permission to appoint an Arbitrator based on the agreement terms. However, the Petitioner argued that the supplementary agreement was signed under duress and coercion, emphasizing a specific plea in the petition. The Court acknowledged the need for evidence on whether the Petitioner signed the documents under duress, deeming it a matter for the Arbitrator to examine. Regarding the Arbitrator's appointment, the Court noted the Respondent's failure to appoint one despite the Petitioner invoking the arbitration clause on two occasions.
The Court ultimately appointed Mr. Ram Prakash, a former District & Sessions Judge, as the sole Arbitrator to resolve the disputes between the parties, including their claims and counter-claims. The arbitration proceedings will be conducted under the Delhi International Arbitration Centre's supervision, with the Arbitrator's fees governed by the center's rules. The judgment concluded by disposing of the petition and instructing the delivery of a copy of the order to the appointed Arbitrator and the Additional Coordinator of the Delhi International Arbitration Centre promptly.
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