A validly invoked arbitration clause warrants appointment of a sole arbitrator.

The petitioner, a property-development company, entered into a Memorandum of Understanding (MOU) dated 16 May 2024 with the respondents, who owned the properties concerned.

The petitioner alleged that the respondents had failed to perform their obligations under the MOU, giving rise to disputes.

Clause 26 of the MOU provided for arbitration under the Arbitration and Conciliation Act, 1996, with proceedings in English at Bengaluru.

The petitioner invoked the clause by notice dated 12 November 2025 under Section 21 of the Act; after receiving no response, it filed this petition under Section 11(6) seeking appointment of an arbitrator.

Respondent No. 1 stated that he had no objection to the appointment

1. Whether the Court should appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, given the arbitration clause, the disputes between the parties, and the petitioner’s invocation of that clause

2. Whether the arbitration should be referred to the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, under its governing rules

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

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

The Court also applied Clause 26 of the MOU, which required disputes or differences between the parties to be resolved under the Act and specified Bengaluru as the place of proceedings.

No precedent was cited.

The Court found that Clause 26 supplied an arbitration agreement, that disputes had arisen in relation to the MOU, and that the petitioner had invoked the clause by issuing a notice under Section 21.

Respondent No. 1’s stated lack of objection further supported appointment.

On those grounds, the Court concluded that appointment of a sole arbitrator was required.

The Court appointed Shri Ravindra M. Joshi, former District Judge, as sole arbitrator to adjudicate the disputes at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, in accordance with that Centre’s rules.

The parties’ claims and contentions were left open, and the parties were directed to appear before the Centre’s Director on 23 October 2026 at 11:30 a.m.

The Registry was directed to communicate the order and return original documents after retaining photocopies.