A Partnership Deed, A Disputed Signature, And A Tribunal Anyway
The respondents questioned whether the partnership deed was even genuine. The Court appointed an arbitrator for them and left that question to the tribunal.
The Court held the requirements for exercising jurisdiction under Section 11(6) stand fulfilled, and appointed a nominee arbitrator on behalf of the respondents. The two nominees must jointly appoint a presiding arbitrator to constitute the tribunal. The Court expressly expressed no opinion on the genuineness, execution or validity of the partnership deed — arbitrability, maintainability and limitation are all left to the tribunal.
- A challenge to the contract does not stop the appointment. It goes to the tribunal instead.
- The Court fills the gap when a party does not name its own nominee.
- Disclosure under Section 12(1) comes before the arbitrators enter on the reference, subject to Section 12(5).
- Fees follow the Fourth Schedule or whatever the parties agree.
- Court
- High Court at Calcutta, Commercial Division
- Bench
- Justice HON'BLE JUSTICE GAURANG KANTH
- Citation
- AP-COM No. 362 of 2026
- Case
- AP-COM No. 362 of 2026
- Decided
- 9 September 2026
- Outcome
- Application allowed; nominee arbitrator appointed and tribunal to be constituted
What was sought
The petition was filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator in respect of disputes arising out of a deed of partnership of July 2024.
What the Court appointed
The requirements for exercising jurisdiction under Section 11(6) were held to be fulfilled, and the petition was allowed.
An advocate was appointed as the nominee arbitrator on behalf of the respondents. Together with the petitioner's own nominee, the two are to jointly appoint a presiding arbitrator, in accordance with law, to constitute the arbitral tribunal for the disputes arising out of or in connection with the partnership deed.
The arbitrators are to enter on the reference after making the disclosure required by Section 12(1), and subject to Section 12(5). They may fix their remuneration under the Fourth Schedule or as agreed between the parties.
What was left to the tribunal
The Court clarified that it expressed no opinion on the merits of the disputes, nor on the respondents' objections about the genuineness, execution or validity of the partnership deed.
All questions relating to arbitrability, maintainability, limitation and the validity of claims and counter-claims are left for determination by the arbitral tribunal in accordance with law.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a court appoint an arbitrator if the contract itself is disputed?
Yes. Objections to genuineness, execution or validity are left to the arbitral tribunal.
What happens after the two nominees are in place?
They jointly appoint a presiding arbitrator to constitute the tribunal.
Applying for appointment of an arbitrator
- Show the notice invoking arbitration and the other side's failure to nominate; that is what Section 11(6) turns on.
- Expect challenges to the contract itself to be deferred, not decided, at this stage.
- Propose a nominee, so the Court has a name to work with.
- Note that disclosure under Section 12 comes before the reference begins, and check for Section 12(5) ineligibility.
Source. High Court at Calcutta, Commercial Division, AP-COM No. 362 of 2026, decided 9 September 2026 by Justice HON'BLE JUSTICE GAURANG KANTH. This explainer is written from the judgment text as reported.
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