Catherine Anderson v. Ashwani Bhatia .

Factual and Procedural Background

The petitioner, an Australian citizen, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator in an international commercial arbitration. The disputes arise out of two partnership deeds—dated 10 April 2000 (M/s Moonpeak Pictures) and 23 March 2005 (M/s Moonpeak Espresso)—executed between the same parties. Both deeds contain an identical arbitration clause mandating that all disputes “shall be referred to arbitration” with the arbitrator to be appointed by mutual consent. As no arbitrator had yet been appointed, both parties jointly requested the court to designate a sole arbitrator.

Legal Issues Presented

1. Whether the court should exercise its power under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator for the parties' disputes.
2. In the absence of a contractual stipulation, what should be fixed as the seat/place of arbitration.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court noted that both parties expressly requested the appointment of a sole arbitrator in accordance with their identical arbitration clauses. Recognising its authority under Section 11, the court designated Justice Surinder Thakur (Retd.), former Judge of the High Court of Himachal Pradesh, as the arbitrator. Consistent with Section 12 of the Act, the court directed that the arbitrator first provide the requisite declaration of independence, impartiality, and ability to conclude the proceedings within 12 months. Because the partnership agreements did not prescribe a seat of arbitration, the court exercised its discretion to fix Shimla as the arbitral seat. It further ordered that the arbitrator’s fees be governed by the Fourth Schedule to the Act and directed that a copy of the order be sent to the arbitrator at the specified address.

Holding and Implications

HELD: The court appointed Justice Surinder Thakur (Retd.) as the sole arbitrator, fixed Shimla as the seat of arbitration, and disposed of the matter along with all pending applications.

Implications: The decision immediately sets the arbitration in motion under a designated arbitrator and seat. It carries no broader precedential impact beyond facilitating the parties’ agreed arbitral process.