The Delhi High Court has converted Radisson Hotels (South Asia) Private Limited’s pending petition seeking interim relief against Rahul and Pranav Hospitalities LLP into an application before the arbitral tribunal, following consent between the parties.
Justice Om Prakash Shukla disposed of the proceedings after the parties agreed to refer their dispute to arbitration under the rules of the Indian Council of Arbitration (ICA).
The Court directed that Radisson’s notice invoking arbitration, issued on May 3, 2026, be treated as the commencement of arbitral proceedings under the ICA Rules. Its nominee arbitrator, retired Justice Badar Durrez Ahmed, will be treated as Radisson’s nominee for constitution of the tribunal.
Rahul and Pranav Hospitalities LLP has been directed to nominate its arbitrator from the ICA panel within 30 days. The ICA will appoint the presiding arbitrator within 30 days of the nomination of the second arbitrator.
The parties also agreed to waive the arbitration clause’s requirement that the three-member tribunal comprise arbitrators with experience in the hospitality industry. The arbitration will be administered under the ICA Rules.
The Court converted Radisson’s pending petition under Section 9 of the Arbitration and Conciliation Act, 1996, into an application under Section 17 of the Act. While Section 9 empowers courts to grant interim measures, Section 17 enables an arbitral tribunal to grant such measures once constituted.
The tribunal has been directed to decide the Section 17 application within six weeks of its constitution. Until then, a statement made by Rahul and Pranav Hospitalities LLP and recorded in the Court’s order dated December 1, 2025, will remain operative.
Justice Shukla clarified that all rights and objections of the parties remain open, including objections concerning the existence, validity, enforceability and scope of the arbitration agreement and the tribunal’s jurisdiction.
