Arbitrator appointed by consent, with pending interim relief treated as a Section 17 application before the arbitral tribunal.

By consent of the parties, the court appointed a former Supreme Court Judge as arbitrator under the Share Purchase Agreement and directed the arbitration to proceed under the Delhi International Arbitration Centre rules. The arbitrator was requested to give the Section 12 declaration before entering reference. The pending petition was treated as an application under Section 17 before the arbitrator, with liberty to the respondent to file a reply and with a request for expeditious consideration of interim relief. The dispute was thus referred to arbitration and the interim relief request was moved to the arbitral forum.

---

---

Issues: Whether an arbitrator should be appointed to adjudicate the disputes between the parties, and whether the petition should be treated as an application under Section 17 before the learned arbitrator.

Analysis: With the consent of the parties, the petition was disposed of by appointing a former Judge of the Supreme Court as the learned arbitrator under the Share Purchase Agreement. The arbitration was directed to proceed under the aegis of the Delhi International Arbitration Centre and in accordance with its rules. The learned arbitrator was requested to furnish the declaration required under Section 12 before entering upon the reference. The petition was also directed to be treated as an application under Section 17 before the learned arbitrator, with liberty to the respondent to file a reply and with a request for expeditious consideration of interim relief.

Conclusion: The petition was allowed in terms of appointment of the arbitrator and consequential treatment of the pending relief as a Section 17 application before the arbitrator.

Final Conclusion: The disputes were referred to arbitration and the pending petition was made over to the arbitral forum for consideration of interim relief in accordance with law.

Ratio Decidendi: Where parties consent to arbitral reference, the court may appoint the arbitrator and direct pending interim relief to be considered by the arbitral tribunal under the Act.

---