Mahindra and Mahindra Financial Services Ltd. v. Anand Swaroop Abhey Singh and Ors.
Arbitration and Conciliation Act, 1996 – Section 11 – appointment of arbitrator
Case brief
What is this about?
Section 11 application; Section 11(6A) scope of review; Section 16 competence of arbitral tribunal; In Re: Interplay (2024) 6 SCC 1; SBI General Insurance v. Krish Spinning; Ajay Madhusudan Patel v. Jyotrindra S. Patel; appointment of sole arbitrator; ADReS Now ODR institution; online arbitration; Mahindra and Mahindra Financial Services Ltd; Anand Swaroop Abhey Singh; Agreement dated May 31, 2022; Clause 24.11 arbitration clause; respondent served, unrepresented; Bombay High Court Arbitration Application No.179 of 2024; April 29, 2025.
What did the court decide?
Application finally disposed of: ADReS Now, an independent online dispute resolution institution, directed to appoint a sole arbitrator to adjudicate upon and administer the disputes arising out of and in connection with the Agreement dated May 31, 2022; ADReS Now requested to appoint an independent arbitrator in compliance with the Act within two weeks of receipt of the Order; proceedings to be conducted online through electronic mode unless otherwise agreed; arbitral costs and fees borne by the parties equally in the first instance, subject to any final Award on costs; seat of arbitration deemed to be the seat discernible from the Agreement, with the arbitration primarily conducted online; copy of the Order to be communicated to ADReS Now by the Applicant's advocates within one week.