Sanjeev Shahi vs. Uflix International Private Limited
Background
The petitioner sought appointment of a sole arbitrator relying on an arbitration clause (Clause 47) in a Lease Agreement dated 21.12.2022 with the respondent. The respondent's counsel did not dispute the existence of the arbitration agreement.
Decision Breakdown
Finding no dispute over the validity of the arbitration clause and no impediment to arbitration, the Court appointed Mr. Toshiv Goyal, Advocate, as sole arbitrator to adjudicate the disputes, under the DIAC's rules and fee schedule, leaving all questions of arbitrability and jurisdiction open for the arbitrator to decide.
Lesson Learnt
A clearly worded arbitration clause in a lease or commercial agreement makes it straightforward to get a court to appoint an arbitrator when a dispute arises: the court will not examine the underlying merits at this stage.