VINNU GOEL Vs. ASSOTECH LTD

JUDGEMENT

(1.) The petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act.

(2.) There is valid arbitration agreements dated 9th November, 2011 and 15th November, 2011 between the parties, which provide for resolution of disputes by a named arbitrator. The disputes have arisen between the parties. Vide letter dated 7th April, 2015, the petitioner issued notice to the named arbitrator to enter upon reference. However, the named arbitrator vide letter dated 18th May, 2015 has expressed his inability to enter upon reference due to health reasons. The petitioner, therefore, has approached this Court for appointment of an arbitrator.

(3.) Learned counsels for both the parties agree for appointment of a sole arbitrator by this Court. Learned counsels, however, submit that the arbitrator should enter upon reference after 120 days to enable the parties to make an endeavour to amicably resolve their disputes.