Sole Arbitrator was appointed by parties themselves by mutual consent. There was no written agreement/contract containing an Arbitration Clause. Thus, an application under Section 11(6) was not maintainable. Whether Arbitrator’s mandate was terminated under Section 14(1)(a) could not be decided on an application under Section 11(6) and shall have to be considered by Court on an application filed under Section 14(2).
– Hon’ble Justice M.R. Shah, Swadesh Kumar Agarwal v. Dinesh Kumar Agarwal, [Civil Appeal No. 2935-2938 of 2022].