Arbitrator appointment under the Arbitration and Conciliation Act upheld where the contractual dispute resolution clause covered unpaid supply-bill disputes.

A contractual dispute over unpaid bills under a supply arrangement was referred to arbitration because the agreement contained a dispute resolution clause covering all disputes and differences. After the earlier arbitral forum declined jurisdiction, the Court considered a request for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The request was allowed and an arbitrator was appointed, enabling the parties' disputes to proceed to adjudication through arbitration.

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Issues: Whether, in the circumstances of the dispute, an arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996.

Analysis: The dispute between the parties concerned payment of bills raised under the supply arrangement, and the contractual dispute resolution clause provided for reference of all disputes and differences to arbitration under the Arbitration and Conciliation Act, 1996. As the earlier arbitral forum declined jurisdiction, the request before the Court was for appointment of an arbitrator to adjudicate the disputes.

Conclusion: The request for appointment of an arbitrator was allowed and an arbitrator was appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996.

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