M.K. Abraham & Co vs State Of Kerala & Anr

The Supreme Court held that under Section 11 of the Arbitration and Conciliation Act, 1996, the appointment of an arbitrator is mandatory when there is a valid arbitration agreement. The Court emphasized that the failure of the respondents to appoint an arbitrator despite requests from the appellants constituted a violation of the arbitration agreement. Consequently, the Court directed the appointment of an arbitrator to resolve the disputes arising from the contracts dated 1.12.1999 and 26.9.2000, thereby upholding the appellants' claims for arbitration.