In Huawei Technologies Co. Ltd. versus Sterlite Technologies Ltd, the Single Member Supreme Court Bench of Hon’ble Mr. Justice Ranjan Gogoi , on 4.9.2015, held that it was incumbent on the petitioner to give notice and explore the possibility of naming an Arbitrator by mutual consent and only on failure thereof an application under section 11(6) of the Act should have been filed.
Whereas, it has not been followed and hence application/arbitration petition was held as pre-mature.
by Anand Mishra, Founder Advocate, AMLEGALS
( The author is a leading advocate handling cases in Tribunals & High Courts of India. He can be contacted on email@example.com )