Section 11 courts examine only the prima facie existence of an arbitration agreement.

The petitioner filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator in disputes arising from an agreement dated 28 March 2025.

It alleged the respondent had defaulted in payment and failed to comply with its contractual obligations.

The Court recorded that service on the respondent was sufficient; the respondent did not appear.

Clause 11 of the agreement provided for arbitration of unresolved disputes by a mutually appointed sole arbitrator, failing which appointment would be made in accordance with the Act.

Whether a prima facie arbitration agreement existed between the parties, permitting the Court to exercise jurisdiction under Section 11 of the Act.

Whether a sole arbitrator should be appointed to adjudicate the parties’ disputes.

Under Section 11 of the Arbitration and Conciliation Act, 1996, the Court’s enquiry at the appointment stage is confined to examining the prima facie existence of an arbitration agreement.

Clause 11 of the parties’ agreement provided that unresolved disputes would be referred to arbitration under the Act and, if the parties failed to agree on a sole arbitrator, appointment would be made in accordance with the Act.

The Court also directed the appointed arbitrator to furnish the disclosure required by Section 12(2) of the Act.

The Court considered Clause 11, which expressly provided for arbitration of disputes that remained unresolved after notice and for appointment of a sole arbitrator under the Act if the parties could not agree on one.

Applying the limited prima facie enquiry under Section 11, it found that a valid arbitration agreement existed and saw no impediment to appointing a sole arbitrator.

It left questions including arbitrability and jurisdiction for determination by the arbitrator and clarified that its observations would not affect the merits of the disputes.

The arbitration is to be conducted under the rules and aegis of the Delhi International Arbitration Centre, with fees as per its schedule; the arbitrator is to enter upon the reference within three weeks and furnish the required disclosure under Section 12(2).

The petition was disposed of in those terms.