A valid arbitration agreement permits appointment of a sole arbitrator, with objections reserved for arbitration.

Brandavan Food Products and Satyam Caterers Private Limited filed connected petitions concerning disputes with Indian Railway Catering and Tourism Corporation Ltd. and others.

The parties agreed that the disputes should be referred to arbitration, and the Court recorded that there was no dispute regarding the existence of a valid arbitration clause.

The petitions also sought relief under Section 9 of the Arbitration and Conciliation Act, 1996.

Whether, in light of the parties’ agreement to arbitrate and the undisputed existence of a valid arbitration clause, a sole arbitrator should be appointed.

Whether the pending Section 9 petitions should be treated as applications under Section 17 once the arbitral tribunal is constituted.

The Court referred to the Arbitration and Conciliation Act, 1996. It required the appointed arbitrator to furnish the disclosure contemplated by Section 12(2).

It further directed that, upon constitution of the tribunal, the pending Section 9 petitions be treated as Section 17 applications for decision by the arbitrator.

The parties were ad idem on referring their disputes to arbitration, and the existence of a valid arbitration clause was undisputed. The Court therefore found no impediment to appointing a sole arbitrator.

To enable the tribunal to consider the interim-relief applications after its constitution, the Court directed that the pending Section 9 petitions be treated as Section 17 applications.

The Court left objections concerning arbitrability and jurisdiction for the arbitrator to decide in accordance with law.

The Section 9 petitions were to be treated as Section 17 applications upon constitution of the tribunal; the petitions and pending applications were disposed of accordingly.