APPOINTMENT OF ARBITRATOR

The scope of the proceedings under Section 11 of the A&C Act is limited to examine the existence of an Agreement to refer the disputes to arbitration. By filing a  petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereafter the „A&C Act?) praying that an Arbitrator be appointed in terms of Clause _ of the Agreement dated___ (hereafter the „Agreement?). The said Agreement includes an Arbitration Clause that reads as under: 

Certain conditions are to be met.

The petitioner alleges that the respondent has failed to fulfil its obligation under the said Agreement.

The  petitioner issues a notice  calling upon the respondent to refund a sum  along with interest at the rate of 18% per annum in addition to the damages quantified at certain amount along with interest. The respondent may respond to the said notice disputing the allegations and calling upon the petitioner to withdraw its notice.

It is settled law that in an appeal under Section 37 of the Act, the Court is only required to examine whether the exercise of jurisdiction under Section 34 of the Act was within the four corners of the provision. Reference in this regard be made to the following decisions of the Supreme Court in AC Chokshi Share Broker (P) Ltd. v. Jatin Pratap Desai, (2025) 5 SCC 321  ref at para 29 (Ref   FAO (COMM) 249/2025   dated 05.11.2026)