Mr.Alan Stephenson v. Mr.J.Xavier
Arbitration and Conciliation Act, 1996 – Section 11(6) – appointment of sole arbitrator
Case brief
What is this about?
CMP No. 532 of 2022, High Court of Karnataka at Bengaluru (Sachin Shankar Magadum J.), decided 20.01.2025. Petitioners Alan Stephenson and Pamela Stephenson sought appointment of Justice Sri.Subhash B Adi (Retd.) as sole arbitrator under Clause 15 of a Deed of Partnership dated 20.09.2014 via a Section 11(6) petition under the Arbitration and Conciliation Act, 1996 against respondent J.Xavier. The Court found the petition not maintainable, the dispute being an international commercial arbitration (per Section 21(1)(f)), disposed of the petition as not maintainable and reserved liberty to the petitioners. Keywords: Section 11(6); Section 21(1)(f); international commercial arbitration; maintainability; appointment of arbitrator.
What did the court decide?
No relief granted; petition disposed of as not maintainable, with liberty reserved to the petitioners to avail remedy in the manner known to law.