AIROnline 2024 SC 733

Supreme Court Of India

Hon'ble Judge(s): D. Y. Chandrachud, Manoj Misra , JJ

Arbitration and Conciliation Act (26 of 1996) , S.11— Appointment of arbitrator - Application for - According to respondents petitioner had only bought assets of Cryobank USA but, in absence of respondents' consent, he had not stepped into shoes of Cryobank USA - At stage of considering application for appointment of arbitrator, Court is required to examine whether there exists arbitration agreement between parties - Existence of arbitration agreement was not in issue - Therefore, it would not be appropriate for court to delve deep into issue as it could be considered by arbitrator on basis of evidence led by parties - Matter was referred to Delhi International Arbitration Centre for appointment of a sole arbitrator to adjudicate upon the dispute. AIR 1962 SC 1810-Relied on (Para 11 12)