Bombay High Court: Invocation of Section 9 and Section 11 of Arbitration Act Does Not Constitute Parallel Proceedings

The Bombay High Court in the case Fab Tech Works And Constructions Pvt. Ltd. vs Savvology Games Pvt. Ltd. And Ors. observed and has held that the mere invocation of Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996 does not amount to parallel proceedings.

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The bench headed by Justice Somasekhar Sundaresan in the case noted that Section 9 of the Arbitration and Conciliation Act, 1996 is intended to provide interim relief to safeguard the subject matter of arbitration.

The bench also stated that Section 11 of the Arbitration and Conciliation Act, 1996 is limited to the appointment of an arbitrator when there is a dispute with regards to the arbitration agreement.

Facts of the Case

The present matter relates to an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, 'The Act', seeking appointment of an arbitrator to adjudicate disputes.

The present disputes arose between the parties under an Investment Agreement.

The Applicant invoked the arbitration clause to which the Respondent replied.