CourtKutchehry.com
High CourtsSingle Bench

Macart Equipment Private Limited vs Delhi International Arbitration Centre & Ors

Delhi High Court · Decided on 13 May 2022 · Citation: (2022) 05 DEL CK 0069

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 12
RESULT
Disposed Of
CASE NUMBER
Arbitration Petition No. 150 Of 2022
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

12 paragraphs · 329 words

Sanjeev Sachdeva, J

1.

Petitioner seeks a direction to the Delhi International Arbitration Centre (DIAC) to appoint a retired Judge to act as a Sole Arbitrator in the case DIAC No. 2858/01-21.

2.

Learned counsel for the petitioner submits that the petitioner had invoked arbitration and DIAC had requested the parties to accept/propose the name of the Arbitrator from the panel maintained by the DIAC.

3.

Learned counsel submits that the petitioner had suggested the names of formers Judges of this Court whereas respondent no. 2 had suggested the names former District Judges. He submits that instead of appointing a former Judge, the DIAC has appointed an Advocate as an Arbitrator.

4.

Learned counsel submits that though the petitioner does not cast any aspersion on the Arbitrator appointed, however, the understanding of the petitioner was that a person with judicial experience would be appointed as an Arbitrator. He submits that he has no objection to a former District Judge being appointed.

5.

Learned counsel for the respondent submits that without prejudice to his rights and contentions, he has no objection to the Arbitrator being substituted by a former Judicial Officer.

6.

In view Mr. Bharat Bhushan, Addl. District Judge (Retd.) Delhi (Mobile No. +91 9899285640) on the panel of the DIAC is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

7.

The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

8.

The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

9.

The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

10.

It is clarified that the Arbitrator has been substituted solely in view of the consent of the parties without casting any aspersion on the existing Arbitrator who had been appointed by DIAC.

11.

Petition is disposed of in the above terms.