Nobel Biocare India Private Limited v. Precission Dental Inc.
Arbitration and Conciliation Act, 1996 – Section 11 – appointment of Sole Arbitrator
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 — appointment of Sole Arbitrator; scope of Section 11 confined to existence of validly executed arbitration agreement per seven-Judge Interplay (2024) 6 SCC 1, SBI General Insurance v. Krish Spinning, Ajay Madhusudan Patel; objection to earlier unilateral appointment; existential substance left to tribunal under Section 16; Nobel Biocare India Pvt Ltd v. Precission Dental Inc; Bombay High Court; Kainaz Irani appointed Sole Arbitrator; costs shared equally in first instance; merits expressly left open.
What did the court decide?
Appointment of Ms. Kainaz Irani, Advocate, as Sole Arbitrator to adjudicate the disputes and differences between the parties arising out of and in connection with the Agreement dated January 1, 2016; the Application stands finally disposed of on these terms, with the Sole Arbitrator to furnish a disclosure statement under Sections 11(8) and 12(1), tribunal costs and fees to be borne equally by the parties in the first instance subject to any final award on costs, and all merits issues left open.