Chandrasen Singh Proprietor Sunshine Finishes vs. M/S BPTP Ltd
Background
The petitioner, a sole-proprietorship contractor, sought appointment of a sole arbitrator under Section 11(6) of the Arbitration Act to resolve a dispute with real-estate developer BPTP Ltd, relying on the arbitration clause in their agreement.
Decision Breakdown
Both parties agreed on the existence of a valid arbitration clause and were willing to proceed to arbitration. The Court appointed a sole arbitrator under the Delhi International Arbitration Centre rules, leaving all substantive and jurisdictional objections to be decided by the arbitrator.
Lesson Learnt
At the Section 11(6) stage, courts confine themselves strictly to confirming a valid arbitration agreement exists; all merits and objections are left for the arbitrator to decide.