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Chauhan Tourist Transport Services vs. K.T.C. India Pvt. Ltd.

Arbitration Petition · 2026:DHC:7943Decided 15 Sept 2026New Delhi Bench
ARB.P. 1264/2026CNR: DLHC010338312026
Justice Om Prakash Shukla

Background

The petitioner sought appointment of an arbitrator to resolve a commercial dispute with the respondent under a contract that contained a valid arbitration clause. Both parties agreed there was a genuine arbitration agreement between them, and the respondent had no objection to a sole arbitrator being appointed.

Decision Breakdown

Since the court's role at this stage is limited to checking whether an arbitration agreement exists on its face, and both parties agreed it did, the Court appointed a named advocate as sole arbitrator to hear the dispute under the rules of the Delhi International Arbitration Centre, leaving all substantive objections (including on arbitrability and jurisdiction) to be argued before the arbitrator.

Lesson Learnt

When a contract has a valid arbitration clause and both sides don't dispute its existence, courts will typically appoint an arbitrator quickly rather than delve into the merits, all other arguments are left for the arbitrator to decide.

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