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

The petitioner agreed to purchase agricultural land owned by the respondents.

The parties executed a registered and an unregistered Agreement of Sale, both dated 8 November 2023, containing identical terms and an arbitration clause in Clause 13.

After disputes arose concerning execution of the sale deed and the consideration, the petitioner invoked the arbitration clause by notice under Section 21 of the Arbitration and Conciliation Act, 1996.

The respondents rejected his demand.

The petitioner then sought appointment of a sole arbitrator under Section 11(6) of the Act.

The respondents submitted that a retired District Judge could be appointed, while reserving the parties’ contentions.

1. Whether the parties’ agreements contained an arbitration clause covering the disputes raised by the petitioner

2. Whether, following the petitioner’s invocation of the arbitration clause, a sole arbitrator should be appointed under Section 11(6) of the Act

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

Section 21 addresses commencement of arbitral proceedings upon receipt of a request to refer the dispute to arbitration, unless the parties agree otherwise.

Under Clause 13 of the parties’ agreements, disputes arising between them in relation to the deed that were not amicably settled were to be referred to arbitration under the Act.

No judicial precedent was cited.

The Court found that Clause 13 provided for arbitration of disputes between the parties and that the petitioner had invoked that clause by serving a notice under Section 21.

The respondents did not oppose appointment of an arbitrator and proposed that a retired District Judge be appointed.

On these circumstances, the Court concluded that appointment of a sole arbitrator was required, leaving all claims and contentions open for determination in arbitration.

Shri S. R. Somasekhara, retired District Judge, was appointed sole arbitrator to adjudicate the disputes at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, under its rules.

The parties’ claims and contentions were left open, and the parties were directed to appear before the Centre’s Director on 2 November 2026 at 11:30 a.m.