Ms Bharat Constructions India Pvt. Ltd. v. Gannon Dunkerley and Co. Ltd.
Arbitration appointment – Section 11(6), A&C Act
Case brief
What is this about?
Delhi High Court ARB.P. 928/2024 (order dated 15.01.2025, Justice Manoj Kumar Ohri): appointment of arbitrator under Section 11(6) A&C Act; disputes under Agreement dated 01.02.2018 (Clause 24 arbitration clause, venue Delhi) between MS Bharat Constructions India Pvt Ltd (petitioner; Kailash Pandey, Ranjeet Singh) and Gannon Dunkerley and Co Ltd (respondent; Pooja M. Saigal, Sr. Adv., Simrat Singh, Ankit Mittal); Section 21 invocation notices dated 13.12.2021 and 28.09.2023; joint consent to sole-arbitrator reference despite three-member tribunal clause; Justice Siddharth Mridul (ex-Chief Justice, Manipur High Court) appointed Sole Arbitrator; conduct under DIAC (Sher Shah Road) with DIAC fee schedule; Section 12 disclosure required; arbitrability and preliminary objections left open; parties to approach arbitrator within two weeks; petition disposed.
What did the court decide?
Petition disposed of with directions: disputes referred to the arbitral tribunal; Mr. Justice Siddharth Mridul (former Chief Justice of Manipur High Court) appointed sole Arbitrator; arbitration to be held under the aegis of DIAC; declaration under Section 12 required; all rights and contentions (including arbitrability) left open; parties to approach the arbitrator within two weeks.