Party consent can justify appointment of a sole arbitrator despite a three-member tribunal clause under the Arbitration Act.

Where parties appearing before the Court consent to depart from an arbitration clause providing for a three-member tribunal and instead request reference to a sole arbitrator, the Court may appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The arbitrator's disclosure under Section 11(8) read with Section 12(1) must be taken on record before the appointment is accepted. The agreed reference to a sole arbitrator was accordingly made and the arbitration application was disposed of on that basis.

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Issues: Whether a sole arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 in view of the parties' consent.

Analysis: The application sought appointment of an arbitrator for disputes arising under the agreement. Although the arbitration clause contemplated a tribunal of three arbitrators, the parties agreed before the Court that the dispute be referred to a sole arbitrator. The disclosure required under Section 11(8) read with Section 12(1) was taken on record, and the agreed course of reference was accepted.

Conclusion: A sole arbitrator was appointed and the arbitration application was disposed of accordingly.

Ratio Decidendi: Where parties consenting before the Court agree to depart from the contractual mode of a three-member tribunal and request reference to a sole arbitrator, the Court may appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 after taking the arbitrator's disclosure on record.

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