Authority: Supreme Court of India, Civil Original Jurisdiction
Order Date: 28 September 2026
Case Overview
- Parties: KM‑S Pte‑ Ltd (Singapore corporation providing consultancy services) and Upgrad Education Pvt. Ltd (Indian online higher‑education provider).
- Underlying agreements: Consultancy Agreement dated 30 December 2021 and Addendum‑I dated 28 March 2023, which contain Clause 11.2 mandating binding arbitration seated in Mumbai.
- Dispute: Upgrad ceased payment of royalty/consultancy fees from January 2025 and stopped furnishing monthly Management Information System reports from February 2025.
- Procedural history: Petitioner issued notice on 16 Oct 2025 proposing a senior‑advocate as sole arbitrator; Respondent rejected and proposed another advocate, suggesting mediation. No consensus within the 30‑day period. Petition filed in Bombay High Court (Commercial Arbitration Application No. 5484/2026) withdrawn on 10 April 2026. Parties later agreed on Respondent’s proposed advocate, but his disclosure statement on 11 May 2026 revealed conflicts, leading to Respondent’s objection (15 May 2026) and the advocate’s recusal (18 May 2026). Subsequent proposals of arbitrators on 18 June 2026 and 24 June 2026 also failed.
Final Outcome
- The Supreme Court, invoking Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, allowed the petition and appointed Justice Gautam S. Patel (former Bombay High Court Judge) as the Sole Arbitrator.
- The seat and venue of the arbitration are fixed as Mumbai, India, in accordance with the agreement.
- The arbitrator will determine fees and other modalities after furnishing the required disclosure under Section 12(1) and the Sixth Schedule.
- All substantive claims, counter‑claims and defences remain open for determination by the appointed arbitrator.
- The arbitration petition and any pending interlocutory applications are disposed of.
Topics: Arbitration, Education Services