Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, Krishna Murari , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.11(6)— Appointment of arbitrator - By Court - Share subscription and shareholders agreement entered into between parties contained arbitration clause, in case of dispute between parties - High Court ought to have allowed application seeking appointment of arbitrator - Former Judge of Madras High appointed as Arbitrator to resolve dispute between parties. AIROnline 2021 Mad 1269, Reversed (Para 5 5.2 6) (B) Arbitration and Conciliation Act (26 of 1996) , S.11(6)— Appointment of arbitrator - By Court - Denial on ground that at time of filing application, arbitral proceedings already pending between parties - According to appellant they were not a party to pending proceedings and Agreement in question was independent agreement -Unless it is found that dispute is not arbitrable and it requires further/deeper consideration, dispute with respect to arbitrability should be left to arbitrator - Former Judge of Madras High Court appointed as Arbitrator to resolve dispute between parties. AIROnline 2020 SC 929, Followed (Para 5.3) ....