A validly invoked contractual arbitration clause warrants appointment of a sole arbitrator under Section 11.

The petitioner was awarded a contract for construction of an Academic Block at Air Force Technical College, Jalahalli, Bengaluru, under an agreement dated 13 February 2018 containing an arbitration clause in Condition 70.

After completion of the work, the petitioner claimed ₹2,53,33,586 for additional works, escalation, prolongation expenses and other contractual dues, which the respondents did not admit.

The petitioner issued notices invoking arbitration on 13 June 2024, 30 September 2024 and 6 February 2025; the respondents did not respond.

The petitioner then applied under Section 11(6) of the Arbitration and Conciliation Act, 1996. The respondents, though served with notice of the petition, did not appear.

Whether the existence of Condition 70 and the petitioner’s invocation of arbitration warranted appointment of a sole arbitrator under Section 11(6) of the Act.

Whether the Court should appoint an arbitrator to adjudicate the disputes arising from the contract.

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 is not acted upon.

Condition 70 of the parties’ contract provides for disputes within its scope to be referred to a sole arbitrator after written notice.

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

The Court found that the contract contained an arbitration clause covering disputes between the parties and that the petitioner had invoked it by issuing notices under Section 21.

As the respondents did not respond to those notices or appear in the petition, the Court concluded that appointment of a sole arbitrator was required to adjudicate the disputes.

All claims and contentions were left open; the parties were directed to appear before the Centre’s Director on 12 November 2026 at 11:30 a.m.