Party autonomy in arbitration led to referral of the dispute to a mutually named arbitrator after refusal was set aside.

The dispute concerned refusal to appoint an arbitrator under the Arbitration and Conciliation Act. The parties later filed a joint application naming a retired High Court Judge as arbitrator, and the Court accepted that mutually agreed arrangement without entering into the merits of the controversy. The impugned order refusing appointment was set aside, and the dispute was referred to the named arbitrator.

---

---

Issues: Whether the refusal to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 ought to be set aside and the dispute referred to arbitration.

Analysis: The parties subsequently filed a joint application naming a retired Judge of the High Court as the arbitrator. In view of this mutual agreement, the Court did not enter into the merits of the controversy and accepted the arrangement proposed by the parties.

Conclusion: The impugned order rejecting the request for appointment of an arbitrator was set aside and the matter was referred to the named arbitrator.

---