PNP 1 ARBAP47-8.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. ARBITRATION APPLICATION NO.47 OF 2010 Mayfair Housing Private Limited ..Applicant. Vs. Globosport India Pvt. Ltd. ..Respondent. .... Mr. Viraj Maniar i/b Nivit Srivastava for the Applicant. None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. 8 October 2010. P.C. : 1. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996. 2. The Applicant entered into a licence agreement with the Respondent on 14 October 2008. The agreement was terminated by the Respondent on 20 October 2009. The Applicant invoked the arbitration clause, (Clause 42) by its letter dated 3 December 2009. In the response of the Respondent dated 12 December 2009, the PNP 2 ARBAP47-8.10 existence of the arbitration clause has not been disputed. The Applicant had nominated Dr. Justice B.P. Saraf while invoking the arbitration agreement. The Respondent having failed to nominate its arbitrator, the jurisdiction of this Court under Section 11(6) has been invoked. The arbitration agreement between the parties requires that all disputes and and differences be referred to three arbitrators. Since the Applicant has nominated, Dr. Justice B.P. Saraf, this application is disposed of by directing that Shri Justice S.K. Shah, Former Judge of this Court shall be appointed as second arbitrator. The two arbitrators shall proceed to make an appointment of a third arbitrator in accordance with the provisions of the Act. There shall be no order as to costs. The Prothonotary and Senior Master is directed to forthwith communicate a copy of this order to the Learned Arbitrators together with a memorandum containing the address of the parties. (Dr. D.Y.Chandrachud, J.)