Consent-based sole arbitrator appointment upheld, with Section 12 disclosures, contractual seat, timetable, and Fourth Schedule fees applied.

In a Section 11 petition, the Court accepted the parties' consent to depart from a contractual three-member tribunal and appointed a sole arbitrator. The appointment was made subject to Section 12 disclosures on independence and impartiality, with directions that the reference be completed within the prescribed time. The arbitration was to be conducted at New Delhi in line with the contractual seat clause, and the arbitrator's fees were made subject to the Fourth Schedule.

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Issues: Whether, in a petition under Section 11 of the Arbitration and Conciliation Act, 1996, the Court should appoint a sole arbitrator by consent despite the contract providing for a three-member tribunal, and determine the seat and fee structure of the arbitration.

Analysis: The arbitration clause contemplated a three-member tribunal, but all parties requested that the dispute be referred to a sole arbitrator. The Court accepted the consensual modification and appointed a retired Judge of the Supreme Court as sole arbitrator, subject to the disclosures required under Section 12 regarding independence and impartiality and the ability to complete the reference within the prescribed time. The arbitration was directed to be conducted at New Delhi, in accordance with the contractual seat clause. The arbitrator's fees were directed to be governed by the Fourth Schedule.

Conclusion: The petition was allowed and a sole arbitrator was appointed with directions on disclosures, seat, timetable, and fees.

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