Radisson Hotels (South Asia) Private Limited vs Rahul And Pranav Hospitalities Llp

$~62 & 63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010320822026
+ ARB.P. 1207/2026 & I.A. 19147/2026
RADISSON HOTELS (SOUTH ASIA) PRIVATE LIMITED
.....Petitioner
Through: Mr. Rajshekhar Rao, Sr Adv.
with Mr. Milanka Chaudhury,
Ms. Swet Shikha, Ms. Amishi
and Ms. Sainaz Parveen, Advs.
versus
RAHUL AND PRANAV HOSPITALITIES LLP
.....Respondent
Through: Mr. Akhil Sibal, Senior
Advocate with Ms. Anuradha
Dutt, Mr. Lynn Pereira, Mr.
Haaris Fazili, Mr. Raghav Dutt,
Ms. Prachi Pandey, Ms. Vidhi
Uppal, Mr. Naman Grover, Ms.
Jahnavi Sindhu & Mr. Adityaraj
Patodia, Advs.
63
# CNR No. DLHC010958452025
+ O.M.P.(I) (COMM.) 493/2025 & I.A. 23650/2026
RADISSON HOTELS (SOUTH ASIA) PRIVATE LIMITED
FORMERLY KNOWN AS CARLSON HOTELS SOUTH
ASIA PRIVATE LIMITED) .....Petitioner
Through: Mr. Rajshekhar Rao, Sr Adv.
with Mr. Milanka Chaudhury,
Ms. Swet Shikha, Ms. Amishi
and Ms. Sainaz Parveen, Advs.
versus
RAHUL AND PRANAV HOSPITALITIES LLP
.....Respondent
Through: Mr. Akhil Sibal, Senior
Advocate with Ms. Anuradha
Dutt, Mr. Lynn Pereira, Mr.
Haaris Fazili, Mr. Raghav Dutt,
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:24.10.2026
16:14:49
ARB.P. 1207/2026 & O.M.P.(I) (COMM.) 493/2025 Page 1 of 5

Ms. Prachi Pandey, Ms. Vidhi
Uppal, Mr. Naman Grover, Ms.
Jahnavi Sindhu & Mr. Adityaraj
Patodia, Advs.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER(ORAL)
% 15.10.2026
1. Both the parties have arrived at a consensus that the present
petition can be treated as an application under Section 17 of the
Arbitration and Conciliation Act, 1996 before the learned Arbitral
Tribunal.


2. In view thereto, and consensus arrived at between the parties,
the present petition is disposed of in the following points:

i. The notice invoking Arbitration dated 03.05.2026, issued
by Radisson, shall be treated as an invocation of arbitration for the
purposes of commencement of arbitral proceedings under the
Rules of Arbitration of the Indian Council of Arbitration (“ICA
Rules”), without prejudice to the rights and contentions of the
parties.

ii. The nominee arbitrator appointed by Radisson, Hon’ble
Mr. Justice Badar Durrez Ahmed (Retd.), who is on the Panel of
Arbitrators maintained by the Indian Council of Arbitration
(“ICA”), shall be treated as Radisson’s nominee arbitrator for the
purposes of constitution of the Arbitral Tribunal under the ICA
Rules.

Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:24.10.2026
16:14:49
ARB.P. 1207/2026 & O.M.P.(I) (COMM.) 493/2025 Page 2 of 5

iii. Rahul And Pranav Hospitalities LLP (“RPHL”
hereinafter) shall nominate its nominee arbitrator from the ICA
Panel of Arbitrators, within a period of thirty (30) days from the
date of this Order.

iv. The parties have mutually agreed to dispense with the
requirement contained in the arbitration clause that “ The
arbitration panel shall be comprised of three (3) arbitrators who
shall have experience of the hospitality industry .” Accordingly, the
requirement that the arbitrators possess experience in the
hospitality industry shall stand waived by mutual consent of the
parties for the purposes of the present arbitration.

v. Upon nomination of the respective arbitrators, the
Presiding Arbitrator shall be appointed by the ICA in accordance
with the ICA Rules, within a period of thirty (30) days from the
date of nomination of the second arbitrator.

vi. The parties agree that the arbitration proceedings shall be
conducted and administered in accordance with the ICA Rules.

vii. The consensus between the parties to submit to
arbitration under the ICA Rules, including the constitution of the
Arbitral Tribunal in the manner directed herein, shall be strictly
without prejudice to all rights, objections, claims, defences and
contentions available to either party in law. In particular, all
objections concerning the validity, existence, enforceability and
scope of the arbitration agreement, including the jurisdiction of the
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:24.10.2026
16:14:49
ARB.P. 1207/2026 & O.M.P.(I) (COMM.) 493/2025 Page 3 of 5

Arbitral Tribunal, are expressly kept open.

viii. The pending petition filed under Section 9 of the
Arbitration and Conciliation Act, 1996, shall stand converted into
and be treated as an application under Section 17 of the said Act.
The said application shall be placed before the Arbitral Tribunal,
upon its constitution, for consideration and adjudication in
accordance with law.

ix. All rights and contentions of the parties in relation to the
reliefs sought in the said application are expressly kept open.

x. The statement made by RPHL, as recorded in the Order
dated 01.12.2025 passed in the present petition, shall continue to
remain operative until the Arbitral Tribunal considers and passes
appropriate orders on the application under Section 17 of the
Arbitration and Conciliation Act, 1996.

xi. The Arbitral Tribunal, upon its constitution, shall decide
the Section 17 application within a period of six (6) weeks from
the date of its constitution.

3. In view of the aforesaid directions, the present proceedings shall
stand disposed of, leaving all rights and contentions of the parties
open, including those relating to the jurisdiction of the Arbitral
Tribunal and the merits of the disputes.

4. It is clarified that this Court has not expressed any opinion on
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:24.10.2026
16:14:49
ARB.P. 1207/2026 & O.M.P.(I) (COMM.) 493/2025 Page 4 of 5

the merits of the disputes between the parties or on the existence,
validity or scope of the arbitration agreement.

5. All pending applications, if any, shall stand disposed of
accordingly.



OM PRAKASH SHUKLA, J
OCTOBER 15, 2026/ gunn
Signature Not Verified
Signed By:PRAGYA
ARORA
Signing Date:24.10.2026
16:14:49
ARB.P. 1207/2026 & O.M.P.(I) (COMM.) 493/2025 Page 5 of 5