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 application for the appointment of an arbitrator can only be entertained if a valid arbitration agreement exists between the parties. The Court found that the absence of the PGI's signature on the agreement meant no arbitration agreement was executed, thus upholding the lower court's dismissal of the application. Consequently, the appeal was dismissed as there was no basis for appointing an arbitrator.