A duly invoked arbitration clause warrants appointment of a sole arbitrator.

The petitioner, a real-estate company, and the respondents, owners of the petition-schedule property, entered into a Joint Development Agreement dated 18 November 2013 for construction of a residential apartment.

Clause 15 provided for arbitration by a sole arbitrator, a retired District Judge, by mutual consent.

After disputes arose, the petitioner issued a notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996, dated 29 April 2025; the respondents replied on 2 June 2025.

The petitioner then sought appointment of a sole arbitrator under Section 11(5). The respondents were served but did not appear.

1. Whether the arbitration clause in the Joint Development Agreement and the petitioner’s invocation of it warranted appointment of a sole arbitrator under Section 11(5) of the Act.

2. Whether the Court should appoint an arbitrator to adjudicate the disputes arising between the parties under the Agreement.

Section 11(5) of the Arbitration and Conciliation Act, 1996 was invoked for appointment of an arbitrator.

The Court applied the parties’ agreement to arbitrate disputes under Clause 15, which provided for appointment by mutual consent of a sole arbitrator who is a retired District Judge.

The Court found that the Agreement contained an arbitration clause covering disputes between the parties and that the petitioner had invoked that clause by issuing a notice under Section 21.

As the respondents did not appear despite service, the Court concluded that appointment of a sole arbitrator was required to adjudicate the disputes.

All claims and contentions were left open; the parties were directed to appear before the Centre’s Director on 20 November 2026 at 11:30 a.m.