Dear Member,
Request your views on the following facts:
In the contract there is Arbitration clause wherein it is mentioned that a single Arbitrator shall be appointed by both the parties and the place for Arbitration shall be Mumbai City.
background:
1. Since the Second party fails to pay the payment as per the contract the first party who has branch office at Bangalore sent a Notice.
2. Since there is no response to the first notice Arb. Notice nominating Arbitrator name has also been sent.
3. there is no response to both Notices by the Second party.
4. the Second party has place of business in Bangalore and as per the contract the materials have also been supplied to his business place i.e., Bangalore.
On the above background, let me know whether a petition under section 9 or 11 of Arbitration Act can be filed before the Hon'ble High Court of Karnataka.
Regards,
Sunil
