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Judgment
Sanjib Banerjee, CJ
There is no dispute as to the existence of an arbitration agreement to resolve the disputes that have arisen between the parties.
When the matter was taken up last on October 4, 2023, the parties were required to sit across the table and decide on the composition of the tribunal. The parties report that despite several names being forwarded on either side, no consensus in such regard could be reached. The parties have expressly required the Court to name the arbitrator.
Since the relevant arbitration agreement provides for a single arbitrator and considering the nature of the disputes, it appears appropriate for the disputes covered by the arbitration agreement to be referred for adjudication to Mr. Justice Shripathi Ravindra Bhat (retired), a former Judge of the Supreme Court of India.
The learned arbitrator will decide on the fees in accordance with law and upon consultation with the parties. In the event Justice Bhat is not inclined to take up the reference, the parties will have liberty to apply afresh.
Arb.P.No.3 of 2023 is disposed of.
There will be no order as to costs.