Irfanullah Habibullah Farooqui v. Ashok a Singh
Case brief
What is this about?
Section 11 arbitration application allowed by Bombay HC (Somasekhar Sundaresan, J., July 16, 2025); sole arbitrator to be appointed by Presolv360 ODR institution; disputes under Sale Deed dated March 27, 2018, arbitration Clause 16; invocation September 11, 2023; respondent unrepresented; scope of Section 11 inquiry confined to existence of validly executed arbitration agreement per In Re: Interplay (2024) 6 SCC 1, SBI General Insurance v. Krish Spinning, Ajay Madhusudan Patel; existential substance for tribunal under Section 16; online proceedings; costs shared equally in first instance; seat deemed per Agreement; merits expressly kept open.
What did the court decide?
Application finally disposed of by referring the disputes under the Sale Deed dated March 27, 2018 to arbitration by a Sole Arbitrator: Presolv360 directed to appoint an independent sole arbitrator (within two weeks of receipt of the order) and administer the arbitration; proceedings to be conducted online through electronic mode unless otherwise agreed; parties to bear arbitral costs and fees equally in the first instance, subject to final award on costs; seat deemed the same as discernible from the Agreement; all issues on merits expressly left open to the Arbitral Tribunal.