ANANDINI VILLAGE RESORTS Vs. NIBAANA

JUDGEMENT

(1.) The petitioner has filed the petition under Sec. 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') seeking for appointment of an Arbitrator to resolve the dispute that has arisen between the parties.

(2.) Even though as per Clause of Arbitration, each of the parties were to appoint one independent Arbitrator and then two Arbitrators so appointed were required to select the presiding Arbitrator. Since the parties could have have arrived at consensus, the petitioner has approached this Court. Claims and counter claims were filed by both the parties.

(3.) Learned counsel for the parties have jointly requested that instead of having arbitration by three members they would agree for arbitration of dispute between the parties by a sole independent Arbitrator.