Summary
The Supreme Court appointed Justice Gyan Sudha Misra, a former Supreme Court judge, as sole arbitrator in the shipping agency dispute. The agreement provided for arbitration governed by Indian law, disputes remained unsettled and the respondents did not appear despite service. The appointment did not determine the asserted breach or amount due.
Issues
- Whether an arbitrator should be appointed to determine the unresolved disputes under the shipping agency agreement.
Provisions considered
- Section 11(9), Arbitration and Conciliation Act, 1996On the appointment petition, the Court relied on the existing arbitration agreement and unresolved disputes to appoint an arbitrator. (¶¶ 1, 4–5)
Held
- The governing-law and arbitration clauses established an agreement to arbitrate disputes arising from or connected with the agency agreement if not amicably settled. The petition asserted that disputes had arisen and remained unresolved. These circumstances justified appointment of Justice Gyan Sudha Misra as arbitrator. (¶ 4–5)
- The Registry was directed to send the order to the sole arbitrator; the petitioner’s counsel could also bring it to her notice. The petition was allowed without costs. (¶ 6–7)
Result
Petition allowed without costs; Justice Gyan Sudha Misra appointed sole arbitrator and Registry directed to send her the order.