The court affirmed the validity of an arbitration agreement and appointed an arbitrator under the Arbitration and Conciliation Act, 1996.

ORDER

This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'] to appoint an arbitrator to adjudicate the dispute between the petitioner and the respondent in accordance with the Tender Document dated 17.11.2021 and Agreement dated 13.12.2021.

2. When the matter came up for hearing on 23.01.2026, this Court passed the following order:

“This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'] to appoint an arbitrator to adjudicate the dispute between the petitioner and the respondent in accordance with the Tender Document dated 17.11.2021 and Agreement dated 13.12.2021.

2. The Agreement provides for referring the dispute for Arbitration under Clause 20 and the same is extracted hereunder:-

“20.ARBITRATION CLAUSE It is mutually agreed that in the case of any dispute arising out of any of the terms and conditions of this agreement including the interpretation of any of the clauses of the tender or the agreement to be executed, the matter shall be referred by the Corporation / supplier to an Arbitrator who shall be selected by the parties from the panel of the Arbitrators approved by the Board of Directors of T.N.C.S.C and communicate the same within 15 days from the date of receipt of the letter from the Corporation along with the panel of the Arbitrators. If there is no reply from the supplier within 15 days, Corporation shall choose any one of the Arbitrator from the panel of Arbitrators referred to above. The remuneration for the Arbitrator and other expenses shall be shared equally by the purchaser and the supplier.”

3. The trigger notice under Section 21 of the Act was issued on 06.12.2025 and the same has also been received by respondent. Since there was no response, the present petition has been filed before this Court.

4. Notice to respondent returnable by 23.02.2026.

Private notice is also permitted.

Post this petition for hearing on 23.02.2026.”

3. Heard learned counsel for petitioner and learned counsel for respondent.

4. This Court finds that there is a valid agreement between the parties and the agreement contains an arbitration clause, which satisfies the requirement under Section 7 of the Act.

5. In view of the above, this Court appoints Hon’ble Dr.Justice R.N.Manjula, Former Judge, High Court of Madras, Vedhamayur, 32, Kamaraj Nagar, 2^nd West Street, Thiruvanmiyur, Chennai – 600 041 [Mobile No.99407 90290] as the sole Arbitrator and the Hon’ble Sole Arbitrator is requested to adjudicate the arbitral disputes that had arisen N.ANAND VENKATESH, J.

gm between the parties and render arbitral award by holding sittings in the 'Madras High Court Arbitration Centre under the aegis of this Court' (MHCAC) as per Madras High Court Arbitration Proceedings Rules 2017 and fee of Hon’ble Sole Arbitrator shall be in accordance with the Madras High Court Arbitration Centre (MHCAC) (Administrative Cost and Arbitrator's Fees) Rules 2017.

Accordingly, this petition is disposed of.