In Brief
Wexford Financial, a Panamanian company, sought appointment of a sole arbitrator to recover unpaid agency fees from Bharat Heavy Electricals Limited under a Service Provider Agreement. The agreement contained an arbitration clause requiring disputes to be settled by arbitration under the Indian Arbitration and Conciliation Act, 1996. The respondent opposed the petition on grounds including limitation and alleged non-performance of services. The Supreme Court held that its role in an arbitration petition is limited to verifying whether an arbitration agreement exists and whether the disputes fall within its scope. Finding both elements satisfied, the Court appointed a sole arbitrator, holding that substantive issues like adequacy of services and limitation defences are for the arbitrator to decide, not the court."
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