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?
Bombay High Court (OOCJ), Somasekhar Sundaresan J., Arbitration Application No. 94 of 2025, decided September 10, 2025. Keywords: Section 11 Arbitration and Conciliation Act 1996; appointment of Sole Arbitrator (Ms. Kainaz Irani); scope of Section 11/11(6A) review limited to existence of validly executed arbitration agreement; Section 16 competence of arbitral tribunal; In Re: Interplay (2024) 6 SCC 1 (seven-judge bench); SBI General Insurance v. Krish Spinning; Ajay Madhusudan Patel v. Jyotindra S. Patel; arbitration invoked August 21, 2018; Respondent's November 27, 2018 letter on unilateral appointment of earlier arbitrator; Agreement dated January 1, 2017, Clause 19; merits left open; arbitral costs shared equally; Nobel Biocare India Pvt Ltd v. Precission Dental Inc.
What did the court decide?
Application allowed: Ms. Kainaz Irani appointed as Sole Arbitrator to adjudicate the disputes arising out of and in connection with the Agreement dated January 1, 2017, with directions that the Applicant communicate the order and parties' contact particulars to the arbitrator within one week, that the arbitrator forward the statutory Statement of Disclosure under Sections 11(8) and 12(1), that parties appear before the arbitrator with functional e-mail and phone contacts (e-mail constituting valid service), and that arbitral costs and fees be borne equally in the first instance subject to the final award on costs.