XYZ is one of the big Infrastructure providing Companies with an expertise in Space frame structures in India. They signed a sub-contract agreement with one of the main contractors ABC Company of Delhi International Airport. XYZ completed the entire work within time and to the satisfaction of the ultimate user Airport Authority of India. But ABC Company was making delayed payments even though they received all the payments from the final user. ABC did not respond to any of the bills after the completion of the work. The reminders sent by XYZ did not have any response from ABC. The sub-contract had an Arbitration clause and hence XYZ sent a notice to ABC seeking for Arbitration. But the contract did not prescribe a procedure to appoint an arbitrator or a panel. Hence we filed a petition under S.11 of the Arbitration and Conciliation Act in the High Court of Delhi (Since the Delhi High Court has original Jurisdiction) seeking the Court to appoint an Arbitrator. The High Court appointed an Arbitrator with a Direction to conduct the Arbitration under Delhi High Court Arbitration centre Rules. If the arbitration clause clearly provides for a procedure for appointment of Arbitrator, the above said litigation would have been avoided.
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