Ebenezer Premkumar v. Eva Judy
Arbitration law – Appointment of sole Arbitrator – Section 11(5), Arbitration and Conciliation Act, 1996
Case brief
What is this about?
Karnataka High Court CMP No. 257 of 2021 (decided 04.06.2025, B M Shyam Prasad J): appointment of sole arbitrator under Section 11(5) Arbitration and Conciliation Act 1996; disputes out of Partnership Deed dated 08.03.2018 with arbitration clause invoking Indian Arbitration Act, 1940; notice dated 01.12.2020 raising claim; respondents denied liability, silent on arbitration agreement and nomination; arbitrable dispute established; retired Senior Civil Judge Smt. Rahat Afshan H N appointed sole arbitrator; Arbitration and Conciliation Centre (Domestic and International), Bengaluru; parties Ebenezer Premkumar v. Eva Judy and D Balaji Dasan.
What did the court decide?
Appointment of Smt. Rahat Afshan H N, a retired Senior Civil Judge, as sole Arbitrator to enter reference of the dispute between the petitioner and the respondents arising out of the Partnership Deed dated 08.03.2018, with proceedings to be conducted at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre, all questions left open subject to just exceptions; Registry directed to communicate the order by E-mail to the Centre and to the Arbitrator as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.