Petition For Appointment Of Arbitrator – Important Points

A Single Judge Bench of the Hon'ble Delhi High Court in a recent judgment has issued important directions with respect to petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act") on the basis of the unstamped arbitration agreement or arbitration clauses incorporated in an unstamped instrument/agreement. Post constitution bench judgment of the Hon'ble Supreme Court in the case of N.N. Global Mercantile (P) vs. Indo Unique Flame Ltd.¹, several issues started arising in the matters of appointment of the arbitrator(s) arising out of an unstamped/deficiently stamped arbitration agreement. A Single Judge bench of Delhi High Court in a judgment pronounced on 22.08.2023, in the matter of Splendor Landbase Ltd. vs. Arpana Ashram Society & Anr.² (and several other connected matters), issued several directions, gist of which is as under: