Three-Member Tribunal Converted to Sole Arbitrator by Mutual Consent: Section 11 Appointment After Award Set Aside

1. Case Snapshot

• Case Name: M/s Daulat Ram Brake Mfg Co vs Northern Railways

• Citation: Not specifically provided (Delhi High Court, 2026)

• High Court: High Court of Delhi

• Bench: Hon'ble Mr. Justice Sachin Datta

• Date of Decision: July 17, 2026

• Area of Law: Arbitration – Section 11(6) of Arbitration and Conciliation Act, 1996; Appointment of Arbitrator

2. Judgment in Brief

The Delhi High Court appointed a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, in a dispute between a brake manufacturing company and Northern Railways. The petitioner's earlier arbitral award had been set aside by the Court on the ground that the constitution of the Arbitral Tribunal was contrary to the A&C Act and principles of impartiality. Following the liberty granted by the Court, the petitioner invoked arbitration afresh, but the respondent failed to appoint its nominee arbitrator. Though the arbitration clause provided for a three-member tribunal, both parties agreed to refer the disputes to a sole arbitrator. The Court appointed a retired CPWD officer as sole a

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