Haseena V. vs Mujeeb Rahman

This Arbitration Request has been preferred by the applicant seeking the appointment of a sole arbitrator to arbitrate upon the dispute that arose

between the applicant and the respondent while working an unregistered Partnership Deed dated 11.9.2012. The existence of the arbitration

agreement between the parties is not in dispute, and is contained in clause 17(e) of Annexure A1 Partnership Deed and reads as follows:

MISCELLANEOUS

a. xxxxxxxxxxxxxxxxxxxx

b. xxxxxxxxxxxxxxxxxxxx

c. xxxxxxxxxxxxxxxxxxxx

d. xxxxxxxxxxxxxxxxxxxx

e. In the case of any dispute as regards to the interpretation or application of the provisions of this deed the same shall be determined by an arbitrator

appointed by the partners on mutual consent in accordance with the provisions of the Indian Arbitration Act.

I have heard the learned counsel for the applicant as also the learned counsel for the respondent.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and finding that there is an agreement

between the parties as to the existence of the arbitration agreement, I deem it appropriate to nominate Sri.Asokan K., District Judge (Retd.) as the

sole arbitrator to arbitrate upon the disputes arising between the parties.

(a) Appointment of Arbitrator: Sri.Asokan K., District Judge (Retd.), is hereby nominated to act as a Sole Arbitrator to decide the disputes and

differences between the parties herein.

(b) Communication to Arbitrator of this order:

(i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the petitioner within one week from today of the

order being uploaded.

(ii) In addition, within one week of this order being uploaded, the Registry will forward an ordinary copy of this order to the learned Sole Arbitrator at

the following postal and email addresses:

Arbitrator: Sri.Asokan K.,

(Retd.) District Judge.

Address: Asoka Gardens, Thuvacode Post, Chemanchery, Kozhikode â€" 673 304.

Mobile: 9999952860

email id: asokan1510@gmail.com

(c) Disclosure: The learned Sole Arbitrator is requested to forward his statement of disclosure under Section 11(8) read with Section 12(1) of the

Arbitration Act to the Registrar of this Court, referencing this arbitration application, as soon as possible, and in any case sufficiently in advance of his

entering upon the reference to his arbitration. That statement will be retained by the Registrar on the file of this application. Copies will be given to

both sides.

(d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as he nominates to obtain

appropriate directions in regard to fixing a schedule for completing pleadings, etc.

(e) Contact/communication information of the parties: Contact and communication particulars are to be provided by both sides to the learned Sole

Arbitrator within one week of this order being uploaded. The information is to include a valid and functional email address.

(f) Application under Section 16: Liberty is granted to either side to file an application before the learned Sole Arbitrator under Section 16 in regard to

any matter or claim and its arbitrability, jurisdiction and the arbitral tribunal competence.

(g) Interim Application/s:

(i) Liberty is granted to both sides to make an interim application or interim applications including (but not limited to) interim applications under Section

17 of the 1996 Act before the learned Sole Arbitrator.

(ii) Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.

(h) Fees: The Arbitrator's fees shall be governed by the Kerala High Court (Fee Payable to Arbitrators) Rules, 2017.

(i) Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first

instance.

(j) Consent to an extension if thought necessary: Parties immediately consent to a further extension of up to six months to complete the arbitration

should the learned Sole Arbitrator find it necessary.

(k) Venue and seat of arbitration: In view of the seat of Arbitration being indicated as Kozhikode in Kerala, the venue will be at Kozhikode as per the

convenience of the parties and the Arbitrator.

(l) Contentions kept open: All contentions before the learned Sole Arbitrator are specifically kept open.

This Arbitration Request is allowed.

Post on 05.01.2021 for the disclosure statement.