MAHAGUN INDIA PVT LTD Vs. INFINITI RETAIL LIMITED

JUDGEMENT

(1.) By this order I propose to decide the arbitration petition filed under Section 10 and 11 (5) & (6) of the Arbitration and Conciliation Act, 1996, praying to make an order of appointment of an independent person as a sole arbitrator for adjudication of the disputes in view of high cost likely to be incurred by referring the claim/dispute to the Arbitral Tribunal or refer it to the Delhi High Court Arbitration Centre for appointment of a sole arbitrator.

(2.) It was submitted by the learned counsel for the petitioner that in view of the high cost involved in the entire dispute resolving mechanism through the constitution of an Arbitral Tribunal of three arbitrators, it would be in the interest of the parties that a sole arbitrator be appointed which was the intention of the parties but could not be agreed to in respect of the choice of the sole arbitrator. It was further submitted that as per the nature of the dispute which involves determination of damages, it is likely to take many hearings leading to high cost of arbitral proceedings and incidental expenses which cannot be borne by the petitioner.

(3.) As per the parties, the following are the brief facts: