same should be resolved by way of arbitration while
following the ICADR Rules, 1996.
7. Learned counsel for the petitioner submits that ... Schedule of the Arbitration and Conciliation Act,
1996 . Schedule I of ICADR Rules, 1996 provides for the fixation of fees
as per the "amount
Dispute Resolution,
New Delhi (the "Rules"). Such arbitration shall be held in
accordance with the said Rules and shall be subject ... dated
22.12.2023, the respondent No.1 denied the applicability of the ICADR
Rules.
6. For the said reasons, issue notice.
7. Ms. Parveen, learned counsel
with the Rules of Arbitration of
the International Centre for Alternative Dispute
Resolution, New Delhi (the "Rules') or such other rules ... Pudussery, ld. Counsel that there was no
agreement only for the ICADR Rules to apply. In addition, as per clause
25.3.2, it is his submission
parties agree to submit that dispute to arbitration under
the ICADR Arbitration Rules, 1996.
17.2 NIC and the empaneled agency shall make every effort ... Dispute Resolution (ICADR).
17.5 The International Centre for Alternative Dispute Resolution will
provide administrative services in accordance with the ICADR
Arbitration Rules
ICADR).
15.1.3 The International Centre for Alternative Dispute
Resolution will provide administrative services in
accordance with the ICADR Arbitration Rules, 1996.
15.2 Conciliation ... Dispute Resolution
(ICADR).
15.2.3 The International Centre for Alternative Dispute
Resolution will provide administrative services in
accordance with the ICADR Conciliation Rules
Dispute Resolution,
New Delhi (the "Rules"). Such arbitration shall be held in
accordance with the said Rules and shall be subject ... dated
22.12.2023, the respondent No.1 denied the applicability of the ICADR
Rules.
6. For the said reasons, issue notice.
7. Ms. Parveen, learned counsel
though as per the NHAI, the Arbitrator in
terms of the Rules of ICADR could only claim an amount of ₹30,00,000/-.
He states
Rules there under and
Signature Not Verified
Digitally Signed
By:RADHA BISHT
Signing Date:01.02.2023
12:45:40
referred the matter ICADR for Arbitration, instead ... aforesaid arbitration
clause, i.e., International Centre for Alternative Dispute Resolution
(ICADR) has been dissolved.
4. Learned counsel for the respondents raises a preliminary objection
accordance with the
Rules of Arbitration of the International Centre for Alternative Dispute
Resolution (ICADR), whose assets were taken over by India International
Arbitration Centre
held in accordance
with the rules of Arbitration of International Centre for Alternative Dispute
Resolution, New Delhi ("ICADR").
4. He submits that, however
