Hoshang Patel and Anr. v. Square Ten Developer
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996; appointment of sole arbitrator; Justice S.J. Kathawalla; Clause 12 arbitration agreement in agreement dated August 19, 2015; invocation letter March 9, 2021; reply March 27, 2021 no denial; seat and venue Mumbai; online electronic arbitration proceedings; Section 9 petition Arbitration Petition (L.) No. 8157 of 2023 treated as Section 17 application; Hoshang Patel; Square Ten Developer; Bombay High Court Ordinary Original Civil Jurisdiction.
What did the court decide?
Appointment of Justice Shri. S.J. Kathawalla, a former Judge of the High Court of Judicature at Bombay, as Sole Arbitrator for the disputes under the agreement dated August 19, 2015; venue and seat of arbitration fixed at Mumbai with liberty to conduct proceedings online; contents of the dismissed Section 9 petition (Arbitration Petition (L.) No. 8157 of 2023) to be treated as an application under Section 17 of the Act before the Arbitral Tribunal; the Section 11 Application and the Section 9 Petition finally disposed of in those terms.