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M/S Evergrace Healthcare Consultancy Private Limited vs. M/S Elantis Healthcare Private Limited

Arbitration Petition · 2026:DHC:8906Decided 6 Oct 2026New Delhi Bench
ARB.P. 1271/2026CNR: DLHC010338452026
Justice Om Prakash Shukla

Background

The petitioner sought appointment of a sole arbitrator for disputes arising from a 2023 Agreement containing an arbitration clause (Clause 14). At the hearing, the respondent's counsel proposed mediation instead, but the petitioner's counsel was unwilling to pursue that route.

Decision Breakdown

Since the petitioner did not consent to mediation and the existence of a valid arbitration clause was undisputed, the Court proceeded to appoint Ms. Saumya Tandon as sole arbitrator under DIAC rules, leaving all other pleas (including arbitrability and jurisdiction) to be decided by the arbitrator.

Lesson Learnt

A party cannot be compelled into mediation against its wishes when it holds a valid arbitration clause and prefers arbitration directly: the choice of dispute-resolution route, within what the contract allows, belongs to the party invoking it.

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