Mears Group Inc vs Fernas Insaat A.S. (Fernas ...

The Supreme Court held that under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioner is entitled to seek the appointment of a sole arbitrator due to the respondent's failure to respond to the request for arbitration. The Court emphasized that the arbitration agreement's provisions must be adhered to, and the lack of response from the respondent constituted a refusal to proceed with arbitration. Consequently, the Court appointed an arbitrator to resolve the disputes between the parties, affirming the binding nature of the arbitration clause.