An arbitration agreement is enforceable even if one party fails to appear, ensuring that disputes are resolved through designated arbitration.

ORDER

This original petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator to adjudicate and decide the disputes between the petitioner and the respondents arising out of the loan agreement dated 20.07.2023.

2. When this petition came up for hearing on 19.09.2025, this Court, considering the fact that a dispute has arisen between the petitioner and the respondents out of the loan agreement dated 20.07.2023 and there exists an arbitration clause in the loan agreement, which is reproduced below, “GOVERNING LAW, DISPUTE RESOLUTION AND JURISIDICTION: (Art 10 existing agreement)

1. This Agreement shall be governed by and construed in accordance with the laws of India

2. Any and all dispute(s), difference(s) and/or claim(s) arising out or touching upon this Agreement or in relating to this Agreement whether during its subsistence or thereafter, shall be referred to the Arbitration by a Sole Arbitrator to be appointed by any one the below mentioned 'arbitral Institution' in accordance with the provisions of the Arbitration and Conciliation Act 1996 or any statutory amendments thereof from time to time.

a. Council for National and International Commercial Arbitration (CNICA) currently having its office at Unit No.

nd

208 2 Floor B Wing, Raheja Towers, Nos. 113-134, Anna Salai, Chennal-600002, or b. Southern India Chamber of Commerce and Industry (SICCI), currently having its Office at Indian Chamber Buildings. P B No.1208 Esplanade, Chennai-600108, or c. Kovise Foundation Conflict Resolution International (KRCRI), currently having its Office at G-2, Plot No.108, Majestic Colony Valasarawakkam, Chennai-600087, or d. Any arbitral institution designated under the provisions of the Arbitration and Conciliation Act, 1996 (the act) or any panel of arbitrators maintained under the provisions of the act. The entire arbitral proceedings shall be conducted by the Arbitrator in the manner he/she considers appropriate, and the award rendered by the Arbitrator shall be final and binding on all the parties to this agreement. The arbitral institution shall provide administrative assistance to the Arbitrator to facilitate the conduct of the arbitral proceedings, if he/she chooses to avail such assistance from the institution.

3. The Arbitrator shall be entitled to, at his/her discretion conduct the proceeding in-person and/or through exchange of mail, email and/or any other mode of electronic communication including video conferencing (VC), online, virtual hearing etc, using an external application or platform, if necessary. The parties to the arbitration proceeding shall be bound by the decision of the arbitrator in this regard.

4. The parties hereby consent to have the arbitral proceeding conducted by a written pleading, documents, written submissions and or any other electronic mode of communication-based arbitration as may be determined by the arbitrator.

5. The parties herein agree not to insist on in-person and/or oral hearing except in certain exceptional circumstances as the Arbitator may deem fit.

6. The Parties herein agree that the venue and seat of the arbitration proceeding shall be usually at Chennai or in exceptional circumstances any other place as deemed fit by the Arbitrator.

7. The language of arbitral proceedings shall be English.

8. The parties herein agree that in the event of death of the Arbitrator to whom the matter has been originally referred or the Arbitrator being unable or unwilling to act as arbitrator for any reason whatsoever, the arbitral institution shat substitute another person as it may deem fit to act as Arbitrator, who shall proceed with the reference from the stage, at which it was let by his her predecessor.

9. The Arbitrator so appointed shall have the power to pass an award on the secured asset or any other secur