Admission of arbitration agreement and live disputes justified court appointment of a sole arbitrator under the Act.

Where an arbitration agreement is admitted and disputes have arisen between the parties, the court may exercise its power to appoint a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 if a consensual appointment does not materialise. The record showed that the arbitration clause was undisputed, disputes had emerged, and no amicable settlement had been reached. On that basis, the statutory conditions for court appointment were satisfied, and a sole arbitrator was appointed.

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Issues: Whether a sole arbitrator should be appointed under Section 11(5) of the Arbitration and Conciliation Act, 1996 in view of the admitted arbitration agreement and the existence of disputes between the parties.

Analysis: The arbitration clause between the parties was not disputed. The record showed that disputes had arisen and that an amicable settlement had not been reached. In these circumstances, the conditions for invocation of the court's power to appoint an arbitrator were satisfied.

Conclusion: A sole arbitrator was appointed.

Ratio Decidendi: Where an arbitration agreement is admitted and disputes have arisen between the parties, the court may appoint a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 when consensual appointment does not materialize.

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