Sab Construction LLP v. Karnala Charitable Trust
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 appointment of sole arbitrator; Section 11(6A) scope of judicial review limited to existence of arbitration agreement; kompetenz-kompetenz; Section 16 arbitral tribunal competence; In Re Interplay seven-judge bench (2024) 6 SCC 1; SBI General Insurance v. Krish Spinning; Ajay Madhusudan Patel v. Jyotrindra S. Patel; Bombay High Court Ordinary Original Civil Jurisdiction; commercial arbitration; Sab Construction LLP v. Karnala Charitable Trust; invocation notice dated November 3, 2021; Kunal Katariya sole arbitrator.
What did the court decide?
The Section 11 application was finally disposed of by appointing Mr. Kunal Katariya, a learned advocate of the Court, as Sole Arbitrator to adjudicate the disputes under the Agreement dated February 11, 2016, with directions for communication of the order, furnishing of the statutory Statement of Disclosure under Section 11(8) read with Section 12(1), conduct of proceedings (including service by email), and equal bearing of arbitral costs and fees by the parties in the first instance.