Tata Capital Limited v. Mark Enterprises
Case brief
What is this about?
Tata Capital Limited v. Mark Enterprises & Ors.; Commercial Arbitration Petition No. 1106 of 2025, Bombay High Court Commercial Division, Somasekhar Sundaresan J., order dated December 23, 2025; Section 15 Arbitration and Conciliation Act 1996; substitution of arbitrator after MCIA closed reference over fee differences without appointment; Presolv360 ODR institution to appoint sole arbitrator within two weeks; online/electronic-mode arbitration; seat deemed as per Agreement; costs shared equally in first instance subject to final award on costs; merits expressly kept open; petition finally disposed.
What did the court decide?
Arbitrator substituted pursuant to Section 15 of the Arbitration and Conciliation Act, 1996: Presolv360 (ODR institution) directed/requested to appoint an independent sole arbitrator within two weeks of receipt of the Order; proceedings to be conducted online through electronic mode unless otherwise agreed; arbitral costs and fees borne equally by the parties in the first instance, subject to the Tribunal's final award on costs; seat deemed as per the Agreement; Petitioner's advocates to communicate the Order to Presolv360 within one week.