M/S. Unissi (India) Pvt. Ltd vs P.G. Institute Of Med. Edn. & Research

The Supreme Court held that under Section 11(4)(a) of the Arbitration and Conciliation Act, 1996, an arbitration agreement must be in existence for an arbitrator to be appointed. The Court found that the absence of the PGI's signature on the agreement meant no binding arbitration agreement was formed, thus affirming the Additional District Judge's dismissal of the appellant's application for appointment of an arbitrator. The appeal was dismissed as the prerequisites for arbitration were not met.