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2015 (5) TMI 1201 - HC - Indian LawsAppointment of an Arbitrator - case of petitioner is that Petitioner was made to sign the supplementary agreement under duress and coercion - HELD THAT:- The Court is of the view that the above question whether the discharge certificate and supplementary agreement were signed by the Petitioner under duress, would require evidence to be led and is therefore required to be examined by the learned Arbitrator. Appointment of an Arbitrator - HELD THAT:- It is seen that the Respondent forfeited its right under the arbitration clause since it failed to appoint an Arbitrator despite invocation of the arbitration clause by the Petitioner on 5th May 2014, followed by another letter dated 12th January 2015. The Court appoints Mr. Ram Prakash, former District & Sessions Judge, Delhi, residing at B-52, Sector 49, Noida, District Gautam Budh Nagar, U.P.-201301 (Mob. No. 9990177710) as sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (DAC) - The fees of the learned Arbitrator will be in terms of the Delhi International Arbitration Centre Arbitration Proceedings (Arbitrators’ Fees) Rules. Petition disposed off.
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