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2013 (5) TMI 1001 - HC - Indian Laws

Issues involved: Appointment of arbitrator, arbitrability of disputes, territorial jurisdiction waiver.

Appointment of Arbitrator: In a case where there was a valid arbitration agreement between the parties and disputes covered under it, the Court appointed Ms. Rajlakshmi Rao, a former Member of National Consumer Disputes Redressal Commission, as the sole Arbitrator to adjudicate the disputes.

Arbitrability of Disputes: The respondent raised an objection that the disputes were not arbitrable. The Court directed the respondent to raise this objection before the appointed arbitrator for consideration.

Territorial Jurisdiction Waiver: The respondent's counsel waived the objection of territorial jurisdiction subject to the order not being treated as a precedent. The petitioner's counsel had no objection to this waiver.

The order specified that it was passed in the peculiar facts and circumstances of the case and should not be treated as a precedent. The fees of the Arbitrator would be governed by the Delhi High Court Arbitration Centre (Administration Costs and Arbitrators' Fees) Rules. The petition was disposed of accordingly, and a copy of the order was to be sent to the appointed Arbitrator.

 

 

 

 

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