There is an in-built provision under the Arbitration Act, viz. Section 11(6)(c), which provides for appointment of an Arbitrator in the event the MSE Facilitation Council failed to refer the dispute to arbitration – Microvision Technologies Pvt. Ltd. Vs. Union of India – Bombay High Court

Hon’ble High Court of Bombay held that no merit in the submission on behalf of the Respondent that in the event the Facilitation Council failed to refer the dispute to arbitration, the only remedy available to the Applicant was to file a Writ Petition seeking such direction against the Facilitation Council. This submission overlooks the fact that there is an in built provision under the Arbitration Act, viz. Section 11(6) (c), which provides for appointment of an Arbitrator in such cases. Thus, there is a patent error of law on the face of the record in that Section 11(6) (c) of the Arbitration Act has been completely given a go by to in the said order of this Court.

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