A Mutually Agreed Retired High Court Judge May Be Appointed Sole Arbitrator

The applicant sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, in respect of disputes arising from an agreement dated 22 December 2025.

The parties referred to Clause 64 of the Indian Railways Standard General Conditions of Contract as the arbitration provision.

The respondents’ counsel stated that, despite an objection having been filed, the respondents had no objection to appointing retired High Court Judge Justice Goutam Bhaduri as sole arbitrator; the applicant also consented.

1. Whether a sole arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to resolve the disputes arising from the agreement.

2. Whether Justice Goutam Bhaduri, a retired Judge of the High Court, should be appointed as sole arbitrator by consent of the parties.

Section 11(6) of the Arbitration and Conciliation Act, 1996 provides for court intervention in the appointment of an arbitrator in the circumstances contemplated by that provision.

The parties’ arbitration agreement, set out in Clause 64 of the Indian Railways Standard General Conditions of Contract, governs the reference of disputes to arbitration.

The order records no further legal test or precedent; the appointment was made on the parties’ agreement.

The Court noted that the application concerned disputes arising from the parties’ agreement and that both sides agreed to the appointment of Justice Goutam Bhaduri as sole arbitrator.

In light of that consent, the Court appointed him without deciding any contested issue regarding the validity or operation of Clause 64.

It directed that the relevant records be sent to him and that his remuneration be settled by mutual consent of the parties. The application was disposed of accordingly.