Delhi High CourtArbitration and MediationCivil Procedure and Evidence

After Mediation Fails, Delhi HC Appoints Sole Arbitrator In SREX Power-ASF Dispute And Sends ASF’s Interim-Relief Plea To Tribunal

M/S Srex Power India Private Limitedv.M/S Asf Insignia Sez Private Limited

After Mediation Fails, Delhi HC Appoints Sole Arbitrator In SREX Power-ASF Dispute And Sends ASF’s Interim-Relief Plea To Tribunal. M/S Srex Power India Private Limited vs M/S Asf Insignia Sez Private Limited. Delhi High Court. LawLens
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In brief

The question

1. Whether the disputes under the work contract should be referred to arbitration and a sole arbitrator appointed.

The court held

The Court disposed of both petitions, referred the contract disputes to arbitration, and appointed Justice G. S. Sistani (Retd.) as sole arbitrator under the aegis of the Delhi International Arbitration Centre, with fees governed by the applicable DIAC rules.

It also directed

ASF’s Section 9 petition was directed to be treated as an application under Section 17 and placed before the tribunal for expeditious disposal.

All parties’ rights and contentions—including arbitrability, preliminary objections, counterclaims, and the merits—were left open.

01Facts

Srex Power India Private Limited (“SPIPL”) sought appointment of a sole arbitrator under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, concerning disputes under a work contract dated 1 March 2019 and an addendum dated 2 May 2019.

pp. 1–3

The contract provided for arbitration, with New Delhi as the seat. SPIPL had invoked arbitration by notice dated 18 December 2025; the parties did not reach an amicable resolution in mediation ordered by the Court.

pp. 1–3

ASF Insignia SEZ Private Limited (“ASF”) separately filed a petition under Section 9. ASF stated that it had no objection to appointment of an arbitrator, reserved its rights and contentions, and requested that its Section 9 petition be treated as an application under Section 17 for the arbitral tribunal to decide.

pp. 3–4

02Issues

i.1. Whether the disputes under the work contract should be referred to arbitration and a sole arbitrator appointed.

pp. 3–4

ii.2. Whether ASF’s Section 9 petition should be treated as an application under Section 17 for determination by the arbitral tribunal.

pp. 3–5

03Law Applied

Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 provide for court appointment of an arbitrator where the agreed appointment procedure does not result in appointment.

pp. 1–3

Section 9 concerns interim measures granted by a court, while Section 17 concerns interim measures granted by an arbitral tribunal.

pp. 1–3

The parties’ contract required arbitration of disputes, provided for a mutually acceptable sole arbitrator, and designated New Delhi as the seat.

pp. 1–3

The Court cited no precedent and did not determine the substantive requirements for relief under Section 17.

Provisions in the judgment · 5 · Linked ones open on LawLens

Arbitration and Conciliation Act, 1996 Section 11Section 21Section 9Section 17Section 12

04Reasoning

The arbitration clause covered disputes arising out of or connected with the contract, and mediation had produced no settlement.

pp. 3–5

ASF did not oppose appointment of an arbitrator, while expressly reserving its objections and other rights for the arbitral proceedings.

pp. 3–5

In light of the parties’ positions, the Court referred the disputes to arbitration and appointed a sole arbitrator.

pp. 3–5

ASF’s request to have its Section 9 petition treated as a Section 17 application was accepted, leaving that application for the tribunal to consider.

pp. 3–5

05Holding

The Court disposed of both petitions, referred the contract disputes to arbitration, and appointed Justice G. S. Sistani (Retd.) as sole arbitrator under the aegis of the Delhi International Arbitration Centre, with fees governed by the applicable DIAC rules.

p. 4

ASF’s Section 9 petition was directed to be treated as an application under Section 17 and placed before the tribunal for expeditious disposal.

pp. 4–5

All parties’ rights and contentions—including arbitrability, preliminary objections, counterclaims, and the merits—were left open.

p. 4
Delhi High Court

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M/S Srex Power India Private LimitedvsM/S Asf Insignia Sez Private Limited

Delhi High Court · November 06, 2026

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