A valid arbitration clause and Section 21 invocation warrant appointment of a sole arbitrator.

The petitioner partnership firm entered into a Distribution Agreement dated 14 April 2021 with respondent No. 1, a proprietorship firm, for distribution of its products.

Alleging that some products supplied were defective, the petitioners sought their return and a refund by legal notice dated 28 June 2024.

After disputes arose, the petitioners invoked the agreement’s arbitration clause by notice under Section 21 of the Arbitration and Conciliation Act, 1996, dated 18 December 2024.

The respondents did not respond to that notice.

The petitioners then filed this petition under Section 11(6) seeking appointment of a sole arbitrator; the respondents stated that they had no objection to the appointment.

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

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

Section 21 addresses commencement of arbitral proceedings upon receipt of a request to refer the dispute to arbitration.

Clause 14 of the Distribution Agreement required unresolved disputes to be referred to arbitration and specified Bengaluru as the place of arbitration.

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

The respondents’ failure to respond, together with their counsel’s stated lack of objection to appointment, supported the need to appoint an arbitrator to resolve the disputes.

The Court therefore allowed the Section 11(6) petition without deciding the parties’ underlying claims or contentions.

All claims and contentions were left open.

The parties were directed to appear before the Centre’s Director on 27 October 2026 at 11:30 a.m.; the Registry was also directed to communicate the order and return original documents after retaining photocopies.