At, Supreme Court of India
By, THE HONOURABLE MR. JUSTICE UDAY UMESH LALIT & THE HONOURABLE MS. JUSTICE INDU MALHOTRA
For the Petitioner: Viplav Sharma, Advocate. For the Respondent: In-Person.
Indu Malhotra, J.
The Petitioner has filed an Application under Section 11 of the Arbitration & Conciliation Act, 1996 in an international commercial arbitration, since the Petitioner is an Australian citizen.
2. Both parties have requested for the appointment of a Sole Arbitrator to adjudicate the disputes which have arisen between them emanating from the Partnership Deed dated 10.04.2000 of M/s. Moonpeak Pictures, and Partnership Deed dated 23.03.2005 of M/s Moonpeak Espresso.
3. Both the Partnership Agreements are between the same parties, and have an identical arbitration clause, which reads as under :
"11. That all the disputes and questions in connection with this partnership or this deed and whether during or after the partnership shall be referred to arbitration for which the arbitrator(s) will be appointed with mutual consent of both the partners and that the decision of the arbitrator(s) shall be final and binding upon both the partners, hereto this deed."
4. We appoint Justice Surinder Thakur (Retd.) Judge of the High Court of Himachal Pradesh at Shimla as the Sole Arbitrator, subject to the declaration being made under section 12 of the Arbitration and Conciliation Act, 1996 with respect to independence and impartiality, and the ability to devote sufficient time to complete the arbitration within the period of 12 months. Upon acceptance, the parties will pay fees to the Arbitrator in accordance with the Fourth Schedule of the Arbitration and Conciliation Act, 1996 as amended.
5. The arbitration agreement does not specify the seat/place of arbitration. We direct that the arbitration be conducted at Shimla, as the Seat/Place of arbitration.
6. A copy of this Order be despatched to Justice Surinder Thakur (Retd.) at the following address:
" Justice Surender Singh
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Thakur 627, Amit apartments, The Mall, Solan. Mob : 09418900061 " 7. The matter is disposed of accordingly. 8. Pending applications, if any, stand disposed.