Harish Kumar vs. OYO Hotels and Homes Pvt. Ltd
Background
The petitioner sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, for a dispute with OYO Hotels and Homes Pvt. Ltd. Both sides agreed the dispute could be referred to arbitration.
Decision Breakdown
Finding no dispute over the existence of a valid arbitration clause, and with both parties agreeable to arbitration, the Court appointed a sole arbitrator to adjudicate the dispute under the Delhi International Arbitration Centre's rules, leaving all substantive pleas, including any jurisdiction objections, to be raised before the arbitrator.
Lesson Learnt
When both sides to a commercial dispute agree that arbitration is the right forum, the court appointment process is quick and does not delve into the merits of the underlying dispute.