An invoked arbitration clause warrants appointment of a sole arbitrator to resolve contractual disputes.

Hutti Gold Mines Company Limited (HGML) issued a tender for a comprehensive operation, maintenance and security contract; Greentech Megawatt Private Limited was the successful bidder, and the parties executed an agreement on 4 July 2025.

After disputes arose concerning performance of the contract, the parties exchanged legal notices and correspondence.

HGML invoked arbitration by notice dated 20 June 2026 under Section 21 of the Arbitration and Conciliation Act, 1996; Greentech did not reply.

HGML then filed this petition under Section 11(6) seeking appointment of a sole arbitrator.

Greentech raised no objection to appointment, while requesting that the parties’ contentions remain open.

1. Whether the parties’ contract contained an arbitration agreement covering their disputes.

2. Whether, following HGML’s invocation of arbitration and the respondent’s lack of objection to appointment, a sole arbitrator should be appointed under Section 11(6) of the Act.

Section 11(6) of the Arbitration and Conciliation Act, 1996 provides the basis for seeking court appointment of an arbitrator in the circumstances specified in that provision; Section 21 addresses commencement of arbitral proceedings upon a request to refer a dispute to arbitration.

The Court considered Tender Notification Clause 12, which refers disputes connected with the contract to arbitration under the Arbitration Centre—Karnataka Rules, and Agreement Clause 8, which provides for disputes to be settled through arbitration under the Act.

The Court cited no precedent.

The Court found that an arbitration clause existed in the parties’ agreement and that HGML had invoked arbitration by issuing a notice under Section 21.

Given that basis for arbitration and Greentech’s lack of objection to appointment, the Court concluded that appointment of a sole arbitrator was required.

It left the parties’ claims and contentions open for determination in arbitration.

All claims and contentions were left open; the Registry was directed to communicate the order and return original documents after taking copies, and the parties were directed to appear before the Centre’s Director on 5 November 2026 at 11:30 a.m.