Arbitrator appointment notice must seek concurrence and suggest names before a section 11(5) petition can proceed.

A petition for appointment of a sole arbitrator under section 11(5) of the Arbitration and Conciliation Act, 1996 requires a prior written request asking the other party to agree to the appointment within thirty days. Where the notice does not suggest any names of possible arbitrators and does not call upon the other party to concur in appointing a sole arbitrator, the statutory precondition is not satisfied. On that basis, the petition was held not maintainable and could not be entertained on the basis of such notice.

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Issues: Whether a petition under section 11(5) of the Arbitration and Conciliation Act, 1996 was maintainable when the prior written request did not suggest names of possible sole arbitrator or call upon the other side to concur in the appointment.

Analysis: Section 11(5) requires, in the case of a sole arbitrator, that the party seeking appointment must first request the other party in writing to agree to the appointment within thirty days of receipt of such request. The notice in question did not suggest any names and did not ask the respondents to concur in the appointment of a sole arbitrator. The statutory precondition was therefore not satisfied, and the petition could not be entertained on that notice.

Conclusion: The petition was not maintainable and was liable to be dismissed.

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