Case Note & Summary
The petitioner, Carol Info Services Ltd., filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to adjudicate disputes arising from a commercial agreement with the respondent, Shinhan Bank. The agreement contained an arbitration clause. The petitioner invoked the arbitration clause and requested the respondent to appoint an arbitrator, but the respondent failed to do so. Consequently, the petitioner approached the High Court. The court, after hearing the parties, found that the arbitration clause existed and the respondent had not appointed an arbitrator. The court allowed the petition and appointed a sole arbitrator to resolve the disputes. The court also disposed of the interim application. The decision was based on the provisions of Section 11 of the Arbitration and Conciliation Act, 1996.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11 of the Arbitration and Conciliation Act, 1996 - Existence of Arbitration Clause - The dispute arose from a commercial agreement containing an arbitration clause. The petitioner invoked the clause and requested the respondent to appoint an arbitrator, but the respondent failed to do so. The court held that the petitioner is entitled to appointment of an arbitrator under Section 11 of the Act, as the conditions for such appointment were satisfied. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, given the existence of an arbitration clause and the respondent's failure to appoint an arbitrator.
Final Decision
The court allowed the Commercial Arbitration Petition and appointed a sole arbitrator to adjudicate the disputes between the parties. The interim application was also disposed of.
Law Points
- Section 11 of the Arbitration and Conciliation Act
- 1996
- Appointment of arbitrator
- Existence of arbitration clause
- Failure to appoint arbitrator
