Bombay High Court upholds Agreement of Parties to appoint an Arbitrator in an international commercial arbitration without filing of an application under Section 11(9) of the Arbitration Act

The Bombay High Court, in its judgment dated 6 September 2019 in Earnest Business Services Pvt Ltd (Petitioner/Applicant) v the Government of the State of Israel (Respondent), has inter alia held that parties to a dispute can agree on appointment of an arbitrator without filing an application under Sections 11(6) or 11(9) of the Arbitration and Conciliation Act, 1996 ( Act), as the case may be, including in a petition under Section 9 of the Act or even without intervention of court.