2015 (5) TMI 1201 - HC - Indian Laws

Appointment of an Arbitrator - case of petitioner is that Petitioner was made to sign the supplementary agreement under duress and coercion - HELD THAT - The Court is of the view that the above question whether the discharge certificate and supplementary agreement were signed by the Petitioner under duress, would require evidence to be led and is therefore required to be examined by the learned Arbitrator. Appointment of an Arbitrator - HELD THAT - It is seen that the Respondent forfeited its right under the arbitration clause since it failed to appoint an Arbitrator despite invocation of the arbitration clause by the Petitioner on 5th May 2014, followed by another letter dated 12th January 2015. The Court appoints Mr. Ram Prakash, former District Sessions Judge, Delhi, residing at B-52, Sector 49, Noida, District Gautam Budh Nagar, U.P.-201301 (Mob. No. 9990177710) as sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (DAC) - The fees of the learned Arbitrator will be in terms of the Delhi International Arbitration Centre Arbitration Proceedings (Arbitrators Fees) Rules. Petition disposed off.

Summary

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.