In Brief
An American company contracted with a Turkish construction company to perform pipeline installation works in Bangladesh. When disputes arose over unpaid dues (USD 38.1 million), the petitioner invoked the contractual arbitration clause by email, proposing two former judges as arbitrators. The respondent did not consent or respond with objections. The Supreme Court held that where an arbitration agreement exists and the parties cannot agree on arbitrator appointment, Section 11(5) of the Arbitration and Conciliation Act, 1996 empowers the Court to appoint a qualified arbitrator. Accordingly, the Court appointed a former Supreme Court judge as sole arbitrator.
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