Alphard Maritime Private Limited vs Green Ocean Shipping Private Limited

This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator for adjudication of disputes and differences between the parties arising out of Charter Party Agreement dated 6 September 2021 read with Settlement Agreement dated 10 December 2024.

¶12

Perusal of the Agreement dated 6 September 2021 indicates arbitration clause No.34. It is the case of the Applicant that on account of failure on the part of Respondent No.1 to pay according to the Charter Party, Settlement Agreement dated 10 December 2024 was executed by Respondent No.2. Perusal of the Settlement Agreement dated 10 December 2024 would indicate that arbitration

¶13

Page No. 1 of 4

¶14

22 January 2026

¶15

Megha 11_carap_472_2025.docx

¶16

clause in the Charter Party has been incorporated even in the Settlement Agreement.

¶17

Mr. Nayak, the learned counsel appearing for the Respondents submits that though there is agreement to arbitrate, clause 34(a) of the Charter Party also provides for mediation. He therefore urges the Court not to appoint the Arbitrator unless the parties first complete the agreed procedure of undergoing the process of mediation. However, perusal of clause 34(a) indicates that mediation is not a pre-arbitration requirement. It is just an option given to the parties in addition to arbitration. Furthermore, it appears that mediation between the parties has already taken place, which has resulted in Settlement Agreement dated 10 December 2024. It is the case of the Applicant that the Respondents have failed to honour the obligation even in the Settlement Agreement dated 10 December 2024. Therefore, objection raised by Mr. Nayak deserves to be rejected.

¶18

In my view therefore, it would be just and proper to constitute arbitral Tribunal of sole Arbitrator for adjudication of disputes and differences between the parties.

¶19

I accordingly, proceed to pass the following order:(A) Ms. Akanksha Agrawal, an Advocate of this Court is appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Charter Party Agreement dated 6 September 2021 read with Settlement

¶20

Page No. 2 of 4

¶21

22 January 2026

¶22

Megha 11_carap_472_2025.docx

¶23

Agreement dated 10 December 2024. The contact details of the Arbitrator are as under :

¶24

Office :- 302, Mistry Mansion, (above American Dry Address Fruits), 107 MG Road, Fort, Mumbai 400 001. Mobile :- 9920482122 No. Email id :- [email protected]

¶25

(B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order.

¶26

(C) The learned sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of 2 weeks from receipt of a copy of this order.

¶27

(D) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by her, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

¶28

(E) The fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by

¶29

Page No. 3 of 4

¶30

22 January 2026

¶31

Megha 11_carap_472_2025.docx

¶32

the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

¶33