Case Note & Summary
The petitioner, Zanmai Labs Private Limited, filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator to adjudicate disputes arising from a Master Service Agreement dated 1 April 2022 with the respondent, Bitcipher Labs LLP. The petition was accompanied by an Interim Application (L) No. 12640 of 2025. The court noted that the arbitration agreement was contained in Clause 13 of the Master Service Agreement. The respondent did not appear despite service. The court, after considering the pleadings and the existence of the arbitration agreement, allowed the petition and appointed a retired judge of the Bombay High Court as the sole arbitrator. The court directed the arbitrator to file a disclosure under Section 11(8) read with Section 12(1) of the Act within two weeks. The interim application was disposed of as infructuous. The court also clarified that it had not expressed any opinion on the merits of the dispute.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11 of the Arbitration and Conciliation Act, 1996 - Existence of Arbitration Agreement - Petition under Section 11 for appointment of sole arbitrator - Court found that a valid arbitration agreement existed between the parties and that disputes had arisen - Held that the petition was maintainable and appointed a retired judge as sole arbitrator (Paras 1-5).
Issue of Consideration
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996, given the existence of an arbitration agreement between the parties.
Final Decision
The court allowed the Commercial Arbitration Petition (L) No. 11646 of 2025 and appointed a retired judge of the Bombay High Court as the sole arbitrator. The arbitrator was directed to file a disclosure under Section 11(8) read with Section 12(1) of the Act within two weeks. The Interim Application (L) No. 12640 of 2025 was disposed of as infructuous. The court clarified that it had not expressed any opinion on the merits of the dispute.
Law Points
- Section 11 of the Arbitration and Conciliation Act
- 1996
- Appointment of Arbitrator
- Existence of Arbitration Agreement
- Commercial Dispute
