A sole arbitrator may be appointed where the respondent raises no objection under the arbitration clause.

The respondent awarded the petitioner a road-widening contract, and the parties executed Agreement No. 12/2017 on 2 June 2017.

The agreement provided for arbitration under Clause 25.3 of the General Conditions, read with Clause 3 of the Special Conditions.

After disputes arose, the petitioner issued a notice under Section 21 of the Arbitration and Conciliation Act, 1996, on 23 April 2026; the respondent did not respond.

The petitioner then sought appointment of an arbitral tribunal under Section 11(5). The respondent stated that it had no objection to appointment of a sole arbitrator, while reserving the parties’ contentions.

Whether the arbitration clause had been duly invoked and warranted appointment of an arbitrator under Section 11(5) of the Act.

Whether a sole arbitrator should be appointed to adjudicate the parties’ disputes.

Section 11(5) of the Arbitration and Conciliation Act, 1996, provides the basis for seeking appointment of an arbitrator where the parties’ agreed appointment process does not result in an appointment. Section 21 concerns commencement of arbitral proceedings upon receipt of a request to refer a dispute to arbitration.

The Court also considered Clause 25.3 of the General Conditions, which referred disputes to arbitration under the Act and set out an appointment mechanism.

No judicial precedent was cited or applied.

The Court found that the agreement contained an arbitration clause and that the petitioner had invoked it by serving a notice under Section 21.

The respondent’s failure to respond to the notice, coupled with its stated lack of objection to appointment of a sole arbitrator, supported making an appointment. The Court therefore appointed a sole arbitrator, leaving all claims and contentions open for consideration in arbitration.

All claims and contentions were left open; the parties were directed to appear before the Centre’s Director on 5 November 2026 at 11:30 a.m.