Arbitrator to decide on need to impleaded third party

Vistrat Real Estates Private Limited Vs Asian Hotels North Ltd (Delhi High Court)

Once a valid arbitration agreement exists between the parties, the issue whether the petitioner is entitled to any relief in the absence of a third party to the agreement or that third party is required to be impleaded in the proceedings, is covered by the Doctrine of Competence-Competence and it will be for the Arbitrator to decide the said issue. Thus, the issue whether in the absence of a third party, the petitioner can claim the refundable security deposit would be for the learned Arbitrator to determine.

FULL TEXT OF THE DELHI HIGH COURT ORDER

1. By this petition, the petitioner seeks appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short ^„the Act‟).

2. According to the petitioner, the petitioner purchased the ground 7^th, 8^th, 9^th, 10^th, 11^th and 12^th floors of New Tower, Bhikaji Cama Place, R. K. Puram, New Delhi along with the respective car parking areas at the Hyatt Complex from the respondent vide four registered Sale Deeds dated 12^th May, 2014 (in short the Agreements) along with perpetual right to use car parking area.

Please become a Premium member. If you are already a Premium member, login here to access the full content.