Case Note & Summary
The petitioner, Mrs. Lubna Shah, represented by her GPA holder Mr. Abubaker Siddique, filed a Civil Miscellaneous Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator to resolve disputes arising from a Joint Development Agreement (JDA) dated 27.06.2016 entered into with the respondents, B.M. Jayeshankar, B.M. Karunesh, and M/S Varin Infra Project Pvt. Ltd. The JDA contained an arbitration clause (Clause 22.3.06) providing for resolution of disputes through arbitration. The petitioner contended that disputes arose between the parties and that despite issuing a notice invoking the arbitration clause, the respondents failed to appoint an arbitrator, necessitating the court's intervention. The respondents, represented by Sri. Rakshith Pai, did not oppose the appointment but raised certain objections regarding the scope of disputes. The court, after hearing both sides, examined the existence of the arbitration agreement and the failure of the respondents to appoint an arbitrator. The court held that the conditions under Section 11(6) were satisfied and allowed the petition, appointing Retired Justice Ashok Hinchegeri as the sole arbitrator to adjudicate the disputes in accordance with the arbitration clause. The court directed the arbitrator to enter upon reference and complete the proceedings expeditiously, subject to the arbitrator's consent and disclosure requirements under the Act.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11(6) Arbitration and Conciliation Act, 1996 - Existence of Arbitration Agreement - Petitioner sought appointment of sole arbitrator under Section 11(6) of the Act for disputes arising from a Joint Development Agreement dated 27.06.2016 containing arbitration clause 22.3.06. Court found that the arbitration agreement existed and respondents failed to appoint arbitrator despite notice. Held that the petition is allowed and a former judge is appointed as sole arbitrator (Paras 1-2).
Issue of Consideration
Whether an arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996, given the existence of an arbitration clause in the Joint Development Agreement dated 27.06.2016 and the failure of the respondents to appoint an arbitrator.
Final Decision
Petition allowed. Retired Justice Ashok Hinchegeri appointed as sole arbitrator to resolve disputes under Clause 22.3.06 of JDA dated 27.06.2016.
Law Points
- Section 11(6) of Arbitration and Conciliation Act
- 1996
- Appointment of arbitrator by court
- Existence of arbitration agreement
- Failure of party to appoint arbitrator
