RAJESH BATRA Vs. RANBIR SINGH AHLAWAT

JUDGEMENT

(1.) By this petition under Section 34 of the Arbitration and Conciliation Act, the petitioner assails the award dated 12.02.2011 passed by Sh. Deepak Arora, Advocate, sole arbitrator made by him in favour of the respondent and against the petitioner.

(2.) The parties entered into collaboration agreements dated 24.03.2008 and 30.03.2008. Both these agreements contain a dispute resolution clause, which provides for arbitration by a mutually appointed arbitrator . The respondent sought to invoke the arbitration agreements and nominated Mr. Deepak Arora, Advocate as the sole arbitrator. Pertinently, there was no mutual consent given to his appointment as the arbitrator, at any stage, by the petitioner.

(3.) The learned arbitrator assumed jurisdiction on the unilateral nomination made by the respondent, without even bothering that there was no consent to his appointment, given by the petitioner, and started the proceedings by issuing notice to the parties; requiring the respondent to file its statement of claim, and; also requiring the petitioner to cause appearance before him.