The consent of both parties to appoint a sole arbitrator underscores the principle of mutual agreement in arbitration proceedings under the Arbitration and Conciliation Act, 1996.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 11(6) - Appointment of arbitrator sought by the petitioner for disputes arising from the agreement dated 14.12.2018 - Respondent has no objection to the appointment - Consent of both parties leads to the petition being allowed - Arbitrator appointed as per agreement terms. (Paras 1-4)

(B) Parties consent - Agreement to refer disputes to a sole arbitrator indicates mutual willingness and cooperation in resolving their issues. (Paras 2-3)

Facts of the case:
The petitioner sought the appointment of an arbitrator as per the arbitration clause of their agreement, and the respondent expressed no objection to this reference.

Findings of Court:
The court allows the petition and appoints Ms. Bimla Makin as the sole Arbitrator, reiterating the importance of mutual consent in arbitration proceedings.

Issues: The main issue addressed was the appointment of a sole arbitrator as per the arbitration clause agreed upon by both parties.

Ratio Decidendi: The court's reasoning emphasized the consent between parties to appoint an arbitrator to resolve their disputes, highlighting the significance of agreement in arbitration matters.

Result: Petition allowed.

Table of Content
1. agreement and arbitration clause established. (Para 1)
2. respondent's agreement to arbitration expressed. (Para 2)
3. appointment of arbitrator and procedural directives. (Para 3 , 4 , 5 , 6)
4. petition disposed of with orders given. (Para 7)

JUDGMENT

Sanjeev Sachdeva, J. Petitioner seeks appointment of an Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996 in terms of the agreement dated 14.12.2018. The arbitration clause stipulates reference to the dispute to a sole arbitrator.

2. Learned counsel for respondent submits that without prejudice to their defence, they have no objection to appointment of a sole arbitrator.

3. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.

4. With the consent of the parties and without prejudice to their rights and contentions, Ms. Bimla Makin, retired District and Sessions Judge is appointed as the sole Arbitrator. The Arbitral tribunal shall entertain the claims and counter claims, if any, between the parties.

5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

6. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7. Petition is disposed of in the above terms.

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