Arbitration and Conciliation Act, 1996 – s.11(6) r/w s.11(12)
– Appointment of Arbitrator – In terms of Share Purchase
Agreements, the parties entered into Construction Management
Agreements – Both sets of agreements contained arbitration clauses
not similar to one another – Disputes arose – Respondents refused
to appoint Arbitrator under the Construction Management
Agreements – Present petitions filed by the Petitioner for appointment
of a sole arbitrator for resolution of all disputes arising from the
Construction Management Agreements – Held: Notwithstanding
certain overlaps between the Share Purchase Agreements and
Construction Management Agreements, their object and field of
operation is different and distinct – It cannot be accepted out-rightly
that the respective Share Purchase Agreements are the ‘principal
agreements governing the transaction’ between the parties or that
the present disputes can be resolved solely under the arbitration
clause contained therein – Neither party pleaded the infringement
of the core provisions of the said Agreements, thus it cannot be
accepted that the subject controversy falls within the ambit of Clause
9 thereof and can be adjudicated only under the rules of Singapore
International Arbitration Centre (SIAC), with seat and venue at
Singapore – Further, parties have neither denied that there is no
arbitrable dispute between them nor have they challenged the
existence of the arbitration clause(s) in the Construction
Management Service Agreements – The nature of disputes that have
arisen between the parties can thus, be adjudicated in the arbitral
proceedings u/Clause 11 of the Construction Management
Agreements – Primary twin-test u/s.11(6) satisfied by the Petitioner
– Sole arbitrator appointed to resolve all disputes between the
parties.Arbitration and Conciliation Act, 1996 – ss.11, 11(6-A) –
Scope of interference by Court at the stage of referral – Held: Courts
are obliged to apply their mind to the core preliminary issues within
the framework of s.11(6-A) – Thus, even when an arbitration
agreement exists, it would not prevent the Court to decline a prayer
for reference if the dispute does not correlate to the said agreement
– Arbitration and Conciliation (Amendment) Act, 2015 – Arbitration
and Conciliation (Amendment) Act, 2019 – s.11(6-A).