A.A. Mohammed Nizam vs K. Subaida

Sathish Ninan, J

Petitioner and the respondents had formed a partnership, and Annexure-A is the partnership deed dated 29.06.2019. There arose disputes between the parties. Annexure-A provides for resolution of disputes by arbitration. Parties were unable to arrive at a consensus regarding the appointment of an Arbitrator. It is accordingly that the Arbitration Request has been filed under Section 11 of the Arbitration and Conciliation Act, 1996.

Counter affidavit has been filed denying the allegations raised in the Arbitration Request.

Heard learned counsel on either sides.

The existence of an arbitration clause, providing for resolution of disputes by arbitration is not disputed. Before this Court, parties are agreeable for the appointment of an Arbitrator at Ernakulam. Accordingly the Arbitration Request is ordered as hereunder :-

(a) Adv. P.G.Suresh, “Krishna Kripa”, Kannampillil House, Pachalam P.O., Cheranellur village, Kanayannur Taluk, Ernakulam, is nominated provisionally as the Sole Arbitrator to adjudicate upon the disputes between the parties.

(b) A copy of this order shall be communicated to the learned Sole Arbitrator by the Advocate of the applicant within a period of one week from today. A copy of the order shall also be forwarded to the learned Sole Arbitrator by the Registry.

(c) The Arbitrator is requested to forward the statement of disclosure under Section 11(8) r/w Section 12(1) of the Arbitration and Conciliation Act, 1996.

(d) The registry shall place the disclosure statement before this Court, for confirmation of the appointment of the Arbitrator.

(e) The Arbitrator's fees shall be payable as per IVth Schedule to the Arbitration and Conciliation Act, 1996.