The Court appointed a technically qualified civil engineer as sole arbitrator under the arbitration clause.

Respondent No. 2 awarded the petitioner a contract for construction of a compound wall at Air Force Station, Yelahanka, under a Letter of Acceptance dated 14 October 2017.

Disputes arose concerning delay in completion and unpaid dues.

The petitioner invoked the contract’s arbitration clause by notice dated 4 February 2026 under Section 21 of the Arbitration and Conciliation Act, 1996.

After receiving the respondents’ reply, the petitioner applied under Section 11(6)(a) for appointment of a sole arbitrator.

The respondents did not oppose appointment but requested a technical expert.

1. Whether a sole arbitrator should be appointed to resolve the parties’ disputes under the arbitration clause

2. Whether the arbitrator appointed should be a technical expert

The Court considered Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, concerning appointment of an arbitrator, and Section 21, under which the petitioner had invoked arbitration by notice.

It also considered Clause 70 of the contract, which provides for disputes to be referred to a sole arbitrator.

No precedents were cited.

The Court found that the contract contained an arbitration clause and that the petitioner had invoked it by issuing a notice under Section 21.

It therefore concluded that a sole arbitrator was required to adjudicate the disputes.

In response to the respondents’ request for a technical expert, the Court appointed a civil engineer as arbitrator.

Mr. L. Sridhara Murthy, Civil Engineer, was appointed sole arbitrator to conduct the arbitration at the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, under its rules.

The parties’ claims and contentions were left open, and they were directed to appear before the Centre’s Director on 26 October 2026.