The Supreme Court on 19.09.2018, in M/s Trans Asian Shipping Services (Pvt.) Ltd v M/s Beacon Shipping Lines Ltd. allowed the arbitration petition filed by the petitioner where the petitioner, filed a petition under of the Arbitration and Conciliation Act, 1996 , for appointing appointment an arbitrator according to the Clause of the agency agreement between M/s Trans Asian Shipping Services (Pvt.) Ltd. and M/s Beacon Shipping Lines Ltd.

Facts: The petitioner being a multinational company situated in India mainly dealing with shipping had entered into an agreement with the respondent company having its registration under Bangladesh. However, there was breach of various terms and conditions of the agency agreement by the respondent company causing disputes between the parties and that the petitioner was entitled to the recovery of the dues.
Despite the petitioner company sending an arbitration notice for nomination of an arbitrator for handling the disputes, no response was made from the respondent company as a result the petitioner had no other means but to approach the Apex Court for appointing a sole arbitrator.

Held:The Supreme Court held that there was an existence of an arbitration clause that was to be read as such that in case of a dispute/difference arising out of the agreement such dispute ought to be determined by means of arbitration. Thus in connection to the arbitration clause, Supreme Court thus appointed an arbitrator for settling the disputes thereby allowing the arbitration petition.

[1] https://www.sci.gov.in/supremecourt/2012/10934/10934_2012_Judgement_19-Sep-2018.pdf