ESS DEE INFORMATICS PVT. LTD. vs HAICHENG MOBILE (INDIA) PVT. LTD.

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08.05.2026 + ARB.P. 683/2026 ESS DEE INFORMATICS PVT. LTD. .....Petitioner Through: Mr. Kartik Dabas, Adv. versus HAICHENG MOBILE (INDIA) PVT. LTD. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGMENT (ORAL) 1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [“Act”] seeking the appointment of a Sole Arbitrator to adjudicate upon the disputes which are stated to have arisen inter se the parties in relation to the Distributor Agreement dated 28.03.2017 [“Agreement”]. 2. The material on record reflects that the aforesaid Agreement stipulates for a dispute resolution mechanism in terms of Clause 27 thereof [“Arbitration clause”], which contemplates adjudication of disputes arising out of the Agreement by way of Arbitration. The aforesaid clause reads as under: “27. Jurisdiction The Second Party/DISTRIBUTOR agrees that the place for all goods sold or supplied to him by the First Party under this Signature Not Verified Digitally Signed ARB.P. 683/2026 Page 1 of 8 By:HARVINDER KAUR BHATIA Signing Date:11.05.2026 20:10:21 agreement is New Delhi and that any suit to enforce the rights of either party under or in respect of this agreement shall be instituted in and tried by a competent court only in the City of Delhi and in no other court. The DISTRIBUTOR further expressly agrees to submit to the jurisdiction of such court. All disputes between the parties, relating to or arising from this agreement shall in the first instance resolve through mutual discussions by the parties. Any unresolved disputes shall be referred to a mutually appointed Sole Arbitrator. However, in case of no agreement is reached on the appointment of Sole A