Mr. Mahendra Mishra v. Mrs. Annabelle Fernandes
Arbitration and Conciliation Act, 1996 – Section 11(6) – appointment of sole arbitrator
Case brief
What is this about?
Section 11(6) Arbitration and Conciliation Act 1996; appointment of sole arbitrator; Clause 9 arbitration clause; agreement of sale dated 12.09.2017; survivability of arbitration agreement after demise of signatory; fraud and trust property objections referred to arbitrator; Section 11(4) procedural requirements; Sri A.V.Chandrashekar Former Judge appointed arbitrator; Arbitration and Conciliation Centre Bengaluru; CMP No. 174 of 2024; decided 17.01.2025; Justice Sachin Shankar Magadum; High Court of Karnataka.
What did the court decide?
Appointment of Sri A.V.Chandrashekar, Former Judge, High Court of Karnataka, as sole Arbitrator to conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru; all contentions inter se parties left open for adjudication in the arbitration; Office directed to communicate the order to the Centre and the arbitrator; Registry directed to return the original agreement of sale after obtaining a Photostat copy.