Case Note & Summary
The petitioner, Mr. Raghunandan Rao.B, filed a Civil Miscellaneous Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes arising from a Joint Development Agreement dated 11.07.2018 entered into with the respondent, Mr. Mithun Maroli. The agreement contained an arbitration clause (Clause 18) which provided for resolution of disputes through arbitration. The petitioner alleged that disputes had arisen between the parties regarding the agreement. The respondent was served with notice but failed to appear before the court. The court examined the petition and the arbitration clause, and found that there was a valid arbitration agreement between the parties. The court held that the dispute fell within the scope of the arbitration clause and that the petitioner was entitled to appointment of an arbitrator. Consequently, the court allowed the petition and appointed a sole arbitrator to adjudicate the disputes. The court directed that the arbitrator shall be appointed by the parties within a specified time, failing which the court would appoint one. The judgment was delivered by Justice Suraj Govindaraj on 2nd September 2022.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11(6) of the Arbitration and Conciliation Act, 1996 - Existence of Arbitration Clause - The petitioner sought appointment of an arbitrator under Section 11(6) of the Act to resolve disputes arising from a joint development agreement dated 11.07.2018, which contained an arbitration clause (Clause 18). The respondent did not appear despite service. The court found that the arbitration clause existed and the dispute fell within its scope. Held that the petition is allowed and an arbitrator is appointed (Paras 1-4).
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 11.07.2018.
Final Decision
The petition is allowed. An arbitrator is appointed to resolve the disputes between the parties as per the arbitration clause in the Joint Development Agreement dated 11.07.2018.
Law Points
- Arbitration agreement
- existence of arbitration clause
- appointment of arbitrator under Section 11(6)
- joint development agreement
- dispute resolution
