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TMI Blog2024 (11) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... Pulkit Thareja, Mr. Sumukh Volimbe, Advs ORDER SACHIN DATTA, J. (Oral) 1. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the A&C Act') seeks appointment of a sole arbitrator to adjudicate the disputes between the parties. The disputes between the parties have arisen in the context of a Loan Agreement dated 17.01.2019 (hereinafter 'the Agreeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be English. The award rendered shall be in writing and shall set out the reasons for the arbitrator's decision. The costs and expenses of the arbitration shall be borne equally by each Party, with each Party paying for its own fees and costs including attorney fees, except as may be determined by the arbitration tribunal. Any award by the arbitration tribunal shall be final and binding." 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om pursuing the present petition. 6. In terms of SBI General Insurance Co. Ltd. v. Krish Spinning 2024 SCC OnLine 1754, the scope of examination in proceedings under section 11 A&C Act is confined to ascertaining existence of the arbitration agreement. 7. Since the existence of the arbitration agreement is evident from a perusal of the Agreement, there is no impediment to appointing an independe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Accordingly, Ms. Prity Sharma, Advocate (Mob. No. +91 9911028589) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. 10. The respondent shall be at liberty to raise appropriate objections as regards jurisdiction/arbitrability, if any, before the learned sole arbitrator and for this purpose, move an application under Section 16 of the A&C Act, which shall be duly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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