M/S. Indtel Technical Services Pvt.Ltd vs W.S. Atkins Plc

The Supreme Court addressed the appointment of a sole Arbitrator under Section 11(9) of the Arbitration and Conciliation Act, 1996, in a dispute arising from a Memorandum of Understanding between M/S Indtel Technical Services Pvt. Ltd. and W.S. Atkins Rail Ltd. The Court emphasized the necessity of adhering to the arbitration clause in the Memorandum, which stipulated that disputes should be governed by the laws of England and Wales and referred to adjudication if not amicably settled. The Court held that the applicant was entitled to seek arbitration due to the respondent's unilateral termination of the Memorandum and subsequent actions, thereby allowing the application for the appointment of an Arbitrator.