Authority: Supreme Court of India, Civil Original Jurisdiction
Order Date: 16 October 2026
Case Overview
- Parties: Jasper Colin Research Inc. (US research/survey company) and Kellton Tech Solutions Limited (Indian software company).
- The dispute stems from a Software Development Agreement dated 24‑Feb‑2025 under which Kellton Tech was to design, develop, test, deploy, and implement a custom Survey Module for the petitioner, with milestones and a contractual target delivery date.
- Clause 19 of the agreement provides that unresolved disputes after 30 days of negotiation are to be referred to a sole arbitrator seated in New Delhi under the Arbitration and Conciliation Act, 1996.
- The petitioner alleges that Kellton Tech delayed delivery, supplied defective and incomplete work, and failed to complete milestones 3 and 4 and the “Code Knowledge Transfer” within the target date; consequently, the petitioner terminated the agreement by communication dated 29‑Jul‑2026.
- Kellton Tech disputed the allegations, attributing delays to the petitioner’s actions/inactions and issued communications demanding payment.
- The petitioner issued an arbitration notice on 21‑Aug‑2026 invoking Clause 19 and proposed the name of a former Delhi High Court judge as sole arbitrator. The respondent did not reply within the stipulated 15 days.
- The petitioner filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Petition No. 79 of 2026). The Court heard counsel for both parties and examined the material placed on record.
Final Outcome
- The Court allowed the arbitration petition and appointed Justice Rekha Palli, former Judge of the Delhi High Court, as the sole arbitrator to resolve the dispute.
- The seat and venue of arbitration are New Delhi, India, as per the arbitration agreement.
- The arbitrator is authorized to fix her own remuneration/fees.
- All pending interlocutory applications, if any, are disposed of.
Topics: Arbitration, Software Development Dispute