Consent constitution of a three-member arbitral tribunal for related contracts with Mumbai as the seat of arbitration.

A three-member arbitral tribunal was constituted by consent under the arbitration clause for disputes arising out of the sale and purchase contract and connected agreements. The parties agreed that all listed disputes would be referred to a common tribunal and fixed Mumbai as the seat of arbitration. Each side nominated one arbitrator, and those nominee arbitrators were directed to appoint the presiding arbitrator expeditiously. The tribunal's fees were made subject to the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with costs to be shared equally, subject to the final award.

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Issues: Whether a three-member arbitral tribunal should be constituted under Section 11 of the Arbitration and Conciliation Act, 1996 for disputes arising under the sale and purchase contract and the connected agreements, with the parties having consented to a common reference and to Mumbai as the seat of arbitration.

Analysis: The arbitration clause contemplated a three-member tribunal. In view of the respondent's request and the applicant's consent, the disputes arising from the listed contracts and agreements were referred together to a common arbitral tribunal. The parties also agreed on Mumbai as the seat of arbitration. Each side nominated its respective arbitrator, and those nominee arbitrators were directed to appoint the presiding arbitrator expeditiously. The arbitrators' fees were directed to be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, with costs to be shared equally subject to the award.

Conclusion: A three-member arbitral tribunal was constituted by consent for adjudication of the disputes arising out of the specified contracts and agreements.

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