Common arbitral tribunal by consent for multiple contracts, with Mumbai as seat and a three-member panel constituted.
By consent, a common three-member arbitral tribunal was constituted under Section 11 for disputes arising out of multiple contracts between the same parties, including the sale and purchase contract dated 24 June 2024 and the other identified contracts. The parties agreed to Mumbai as the seat of arbitration and each side nominated one arbitrator, with the two nominated arbitrators to appoint the presiding arbitrator. The arbitral fees were directed to be governed by the applicable High Court Rules, giving effect to the agreed multi-contract reference and tribunal composition.
Issues: Whether a common Arbitral Tribunal could be constituted under Section 11 for disputes arising out of multiple contracts between the same parties, by consent, with the seat fixed at Mumbai.
Analysis: The arbitration clause provided for a three-member tribunal and contemplated arbitration of disputes arising from the agreement. In view of the respondent's request and the applicant's agreement, the Court accepted a common reference covering the sale and purchase contract dated 24 June 2024 as well as the other enumerated contracts. The parties also agreed to Mumbai as the seat of arbitration, and each side nominated its arbitrator for constitution of the tribunal, leaving appointment of the presiding arbitrator to the nominated arbitrators.
Conclusion: A three-member Arbitral Tribunal was constituted for disputes arising from all the identified contracts, with the parties' nominated arbitrators to appoint the presiding arbitrator and the arbitral fees to be governed by the applicable High Court Rules.
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