Section 11 inquiry is confined to the prima facie existence of an arbitration agreement.

The petitioner sought appointment of a sole arbitrator in disputes arising from a contract agreement dated 4 August 2021.

The parties agreed to first explore settlement through mediation and, if mediation failed, to refer the disputes to arbitration.

The arbitration clause was contained in Clause 101 of the General Conditions of Contract.

The Court noted that the parties did not dispute the existence of a valid arbitration agreement.

Whether a valid arbitration agreement existed between the parties, permitting the Court to appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

Whether the parties’ disputes should first be referred to mediation and, if settlement failed, to arbitration.

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

Clause 101 of the parties’ contract provided for amicable settlement discussions followed by arbitration, and specified that the arbitration would be conducted by a sole arbitrator.

The Court also directed that the arbitrator furnish the disclosures required by Section 12(2) of the Act.

The parties agreed to attempt mediation and also agreed that, if mediation failed, the disputes would proceed to arbitration.

The Court identified Clause 101 as the contractual arbitration agreement and, applying the limited prima facie enquiry under Section 11, found no dispute regarding its validity or existence.

It therefore appointed a sole arbitrator, while making the appointment operative after the mediation report recorded failure of settlement.

If mediation failed, Mr. Sonal Kumar Singh, Senior Advocate, was appointed sole arbitrator, to enter upon the reference within three weeks of the mediation report recording failure.

The arbitration was directed to proceed under DIAC rules and fee schedule; the parties remained at liberty to raise their pleas before the arbitrator.

The petition was disposed of accordingly.