S.K.Singhi & Partners LLP successfully defended the applications filed by Blue Star Limited under Section 11 for appointment of Arbitrator.

The Respondents case was that there was no valid arbitration agreement entered into by and between the parties and there had to be a clear and unambiguous intention of the parties to refer a dispute to arbitration for the Court to appoint an arbitrator under section 11(6) of the Act.

The matter was heard at length by the Hon’ble Calcutta High Court and on 8th June, 2023; Hon’ble Justice Shekhar B Saraf, held that inference to an express arbitration agreement entered into by the parties cannot be taken just from mere use of words such as “Arbitrator” or “Arbitration” or merely a possibility that the parties “may” refer disputes to Arbitration at a future time. The arbitration agreement must be unambiguous and unequivocal regarding the intention of the parties to mandatorily refer disputes between themselves to arbitration. Accordingly, 3 applications preferred by Blue Star limited being AP No. 852 of 2022 (Blue Star Limited vs Rahul Saraf), AP No. 853 of 2022 (Blue Star Limited vs Multiplex Equipments and Services Private Limited) and AP No. 854 of 2022 (Blue Star Limited vs Forum Project Holdings Private Limited) were rejected.

The Litigation Team was led by our Managing Partner Mr. S. K Singhi and assisted by Ms. Riti Basu, Principal Associate; Ms. Piyali Pan, Associate; Mr. Sayan Banerjee, Associate; Counsels Mr. Pranit Bag, Mr. Ishan Saha and Mr. Saunak Sengupta.