JUDGMENT :

Somasekhar Sundaresan, J.

1. This Application has been filed by the Original Respondent, asking for a review of an order passed by me under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“the Act”) dated June 20, 2024, appointing a sole arbitrator, on the basis of the Original Respondent’s own stance, demonstrated when the Original Applicant invoked arbitration in accordance with the admitted arbitration agreement between the parties.

Background and Context:

2. The flow of relevant events and the conduct of the Original Respondent calls for an iteration in the context of this Application – the same is set out below:-

a. On May 25, 2022, the Original Applicant sought to invoke arbitration and proposed the name of an arbitrator. The Original Applicant called upon the Original Respondent to accept the identity of the arbitrator or to nominate the second arbitrator in terms of the arbitration agreement;

b. The Original Respondent chose to reply only on December 19, 2022 (seven months later). The Original Respondent did not deny the existence of the arbitration agreement, but refused to either accept the arbitrator proposed, or to nominate an arbitrator to enable a th