Brickment Builders LLP v. Gautam Chand
Arbitration and Conciliation Act, 1996 – Section 11 application – appointment of Sole Arbitrator
Case brief
What is this about?
Bombay High Court, Commercial Division; Somasekhar Sundaresan, J.; September 2, 2025; Commercial Arbitration Application No. 392 of 2025 with Commercial Arbitration Petition (L) No. 24981 of 2025; Brickment Builders LLP v. Gautam Chand; Section 11 and Section 11(6A) scope of judicial review; Section 16 Arbitration and Conciliation Act 1996; Section 9 Petition treated as Section 17 application; appointment of sole arbitrator (Satchit Bhogale); arbitration invoked June 9, 2025; agreement dated March 8, 2024 (Clause 16); In Re: Interplay (2024) 6 SCC 1; SBI General Insurance Co. Ltd. v. Krish Spinning, 2024 SCC OnLine 1974; Ajay Madhusudan Patel v. Jyotindra S. Patel, 2024 SCC OnLine 2597.
What did the court decide?
Both the Section 11 Application and the Section 9 Petition finally disposed of in terms of the order: Mr. Satchit Bhogale, a learned advocate of this Court, appointed Sole Arbitrator to adjudicate the disputes arising out of and in connection with the Agreement dated March 8, 2024; copy of the order to be communicated to the Sole Arbitrator by the Applicant's advocates within one week of upload; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to be forwarded and filed; parties to appear before the Sole Arbitrator for directions including schedule of pleadings, examination of witnesses and hearings, with email/mobile contact particulars to constitute valid service; all arbitral costs and fees of the Tribunal to be borne by the parties equally in the first instance, subject to any final award on costs; Section 9 Petition to be treated as a Section 17 application with liberty to modify or mould its contents; all merits issues expressly kept open.