A sole arbitrator was appointed to resolve disputes arising under the parties’ contract.

The petitioner and respondent entered into an agreement dated 31 July 2012 for widening a section of National Highway in Karnataka.

The petitioner alleged delay in handing over the site, which affected completion of the project; the respondent later terminated the agreement and invoked the petitioner’s bank guarantees.

The petitioner had earlier obtained interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, and, after its Section 21 notice invoking arbitration received no response, filed this petition under Section 11(6).

A writ petition had been dismissed as withdrawn with liberty to raise the issues before the arbitrator.

Whether an arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to determine disputes arising under the agreement

Whether the disputes should be referred to a sole arbitrator despite Clause 25.3 providing for efforts to agree on a sole arbitrator and, failing agreement, a three-member tribunal

Section 11(6) of the Arbitration and Conciliation Act, 1996, provides for court intervention in the appointment of an arbitrator where the agreed appointment procedure has not resulted in an appointment.

Clause 25.3 of the agreement provided for arbitration of disputes arising out of or connected with the agreement, initially requiring the parties to attempt to agree on a sole arbitrator and, failing that, providing for a three-member tribunal.

The court cited no precedent or further legal doctrine.

The court found that the agreement contained an arbitration clause and that disputes had arisen between the parties.

The petitioner had invoked arbitration by notice, but the respondent had not responded to that notice.

At the hearing, the respondent, through the Additional Government Advocate, stated that it had no objection to the appointment of a sole arbitrator.

In light of the arbitration clause, the disputes, and the respondent’s position, the court appointed a sole arbitrator.

Hon’ble Dr. Justice N. Kumar, former Judge of the Karnataka High Court, was appointed sole arbitrator to resolve the disputes at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, under its rules.

All claims and contentions were kept open, and the parties were directed to appear before the Centre’s Director on 15 October 2026 at 11:30 a.m.