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    <title>2008 (7) TMI 943 - DELHI HIGH COURT</title>
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    <description>Claims for business loss and damages for loss of reputation were held to fall within an express contractual exclusion in the arbitration agreement, so they were outside the arbitral reference and not arbitrable. A petition seeking appointment of an independent arbitrator was also found to suffer from delay and laches because no formal statement of claim had been filed before the arbitral tribunal, there was no indication that earlier correspondence was treated as such, and the claimant remained inactive for years without a satisfactory explanation. The refusal to appoint a sole arbitrator was therefore upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=165131</link>
      <description>Claims for business loss and damages for loss of reputation were held to fall within an express contractual exclusion in the arbitration agreement, so they were outside the arbitral reference and not arbitrable. A petition seeking appointment of an independent arbitrator was also found to suffer from delay and laches because no formal statement of claim had been filed before the arbitral tribunal, there was no indication that earlier correspondence was treated as such, and the claimant remained inactive for years without a satisfactory explanation. The refusal to appoint a sole arbitrator was therefore upheld.</description>
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