Cal HC upholds Arbitration despite withdrawal of Civil suit

The Calcutta High Court, allowed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 and appointed an arbitrator notwithstanding the petitioner's earlier withdrawal of a civil suit without liberty.

The Court held that the existence of a valid arbitration agreement and failure of the agreed appointment procedure were sufficient to constitute the arbitral tribunal, leaving all objections on maintainability and arbitrability to the tribunal itself.