STANDARD CORROSON CONTROLS P.LTD. vs SARKU ENGINEERING SERVICES SDN BHD

The Supreme Court, while adjudicating an Arbitration Application under Section 11(5) of the Arbitration and Conciliation Act, 1996, held that the applicant is entitled to seek the appointment of an arbitrator due to the failure of the parties to mutually agree on one. The Court emphasized that the arbitration clause in the agreement mandates arbitration to be held in Mumbai, applying ICC rules, and the applicant's invocation of the arbitration clause was valid despite the respondent's objections. Consequently, the Court appointed a Sole Arbitrator to resolve the disputes arising from the contract dated 21.2.2006.