Appointment of arbitrator

Sole Arbitrator Justice T S Sivagnanam Kennel Club India
Case BriefsHigh Courts

The Court held that the application filed for appointment of sole arbitrator under Section 11(6), Arbitration and Conciliation Act, 1996, is maintainable as the requirement of notice under Section 21 becomes unnecessary where the petitioner had already disclosed all details in a prior civil suit and the respondent had responded by filing a Section 8 application acknowledging that the dispute must be resolved via arbitration.

2026 SCC Vol 7
Cases ReportedSCC Weekly

Key Supreme Court rulings on Section 36 in Arbitration and Conciliation Act, bail, sale of assets of corporate debtor, suit for injunction, etc.

Failure to appoint arbitrator within reasonable time
Case BriefsHigh Courts

The Court held that whether there has been a “failure to act” must be determined by examining the circumstances as a whole and whether a reasonable time had elapsed for performance of the agreed appointment procedure.

appointment of arbitrator in insurance dispute
Case BriefsHigh Courts

The Bombay High Court reiterated that at the Section 11 stage, the Court is concerned only with the existence of an arbitration agreement, leaving disputes relating to repudiation, limitation, and arbitrability for the Arbitral Tribunal.

Prima Facie Review under Section 11 Arbitration Act
Cyril Amarchand MangaldasExperts Corner

Pallavi Singh Rao*, Sukanya Singh** and Tridib Mandal***

permissive clause partnership deed arbitration agreement
Case BriefsSupreme Court

At the hearing, it was contended that the said clause was permissive in nature and does not constitute a binding arbitration agreement within the meaning of Section 7.

extension of arbitral mandate under Section 29-A
Case BriefsSupreme Court

“The ‘Court’ under Section 29A shall be the Civil Court of ordinary original jurisdiction in a district and includes the High Court in exercise of its original civil jurisdiction under Section 2(1)(e), and shall not be the High Court or the Supreme Court under Section 11(6) of the Act.”

Disputes after settlement agreement arbitrable
Case BriefsHigh Courts

“Execution of a full and final settlement may not preclude a party from taking recourse to arbitration if a dispute arises from the settlement itself”

non-signatory is veritable party
Case BriefsSupreme Court

If the referral court finds that a party is not a veritable party, the matter will not be left to the Arbitral Tribunal as it will relegate the referral court to the status of a monotonous automation.

insurance policy with arbitration clause
Case BriefsHigh Courts

The respondent submitted that no arbitration clause existed in light of the IRDAI Circular dated 27-10-2023 and Gazette Notification dated 23-1-2024, which had de-notified and superseded arbitration clauses in fire insurance policies.

non-operation of arbitration clause
Case BriefsSupreme Court

“The arbitration agreement must be interpreted in a purposive manner, but not literally so as to enable the parties to pursue the intended dispute redressal mechanism of contract”.

Hukumchand Mill Area development
Case BriefsHigh Courts

A dispute had arisen between the M.P. Housing and Infrastructure Development Board and the applicant regarding non-performance of their consulting services in a given timeline as per their agreement.

appointment of arbitrator
Case BriefsHigh Courts

“Proviso to Section 12(5) gives a discretion to the parties to waive the applicability of the appointment of an Arbitrator by one party, but the word ‘may’ has been used”.

arbitrator lottery printing dispute
Case BriefsHigh Courts

The petitioner submitted that it filed an arbitration petition before Punjab and Haryana High Court, as part of the agreement was executed at Chandigarh. However, the Punjab and Haryana High Court was unable to decide the petition due to territorial bar. Hence, the present petition is filed.

Delhi High Court
Case BriefsHigh Courts

“Once the mechanism under MSME Act is triggered by any party, the procedure has to be taken to its logical end. However, once there is no trigger by invoking the jurisdiction of the Council, party cannot be precluded from resorting to any other mechanism for resolution of its disputes.”

Rajasthan High Court
Case BriefsHigh Courts

“The agreement executed between the parties is not disputed. This fact is not in dispute that the contract of the petitioner has been terminated and the money has been forfeited by the respondents in the month of October, 2019.”

Delhi High Court
Case BriefsHigh Courts

The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.

Scope of judicial scrutiny at Section 11
Case BriefsSupreme Court

Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.

Unilateral appointment of arbitrator
Experts CornerVasanth Rajasekaran

by Vasanth Rajasekaran* and Harshvardhan Korada**

Appointment of Arbitrator
Case BriefsSupreme Court

“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”