PRASANNA DEVELOPERS Vs. HIGH SEAS PROPERTIES PVT LTD

JUDGEMENT

(1.) It is not necessary to go into the extremely peculiar facts and circumstances of this case where almost every arbitrator nominated by either side recused or was actively encouraged to recuse. The disputes arise under a Development Agreement dated 10th March 2010. It has the following provision for arbitration in Clause 34 at page 47:

(2.) The clause provides for a reference to a three-member tribunal. Attempts even to constitute this tribunal have been spectacularly unsuccessful, and, therefore, the parties now request the intervention of the Court. They also jointly agree that the reference should be to a sole arbitrator.

(3.) I will exercise my discretion and appoint Mr Surel Shah, Advocate of this Court, to decide the disputes and diferences arising between the parties under Development Agreement dated 10th March 2010. Both sides consent to his appointment.