Behind the Bench: What Actually Happens After You File a Section 11 Petition

Most clients think of arbitration as one swift email and a polished conference room. But the real unraveling begins long before the first hearing - and sometimes, with the filing of a Section 11 petition before the High Court or Supreme Court to appoint an arbitrator.

Here’s what founders and mid-sized businesses often misunderstand about this step and why managing expectations here can make or break the arbitration.

1. Section 11 Is a Procedural Trigger, Not a Silver Bullet

Clients assume filing a Section 11 petition means instant resolution. While that’s not quite the case.

In reality, courts are increasingly cautious with arbitrator appointments. They’re looking for:

• A clear arbitration clause.

• No challenge to the validity of the contract itself.

• No record of delay or bad faith.

This is where I’ve seen early missteps come back to haunt clients - like one startup that included a WhatsApp screenshot as proof of “agreement.”

2. What to Expect After Filing

Once filed, here’s what unfolds:

1. The other side gets a chance to reply and often challenges the arbitration clause’s scope.

2. Courts schedule preliminary hearings to test the maintainability of the petition.

3. If both parties agree, a judge may appoint the arbitrator quickly.

4. If disputed, it could take weeks (sometimes months).

In one case involving a software vendor dispute, a Section 11 petition was filed in March. The actual arbitrator was appointed in August.

3. Common Errors That Stall the Petition

• Poorly drafted clauses: “Arbitration may be considered” is not enforceable.

• Lack of pre-arbitration steps (e.g., missed negotiation requirement).

• Filing under the wrong jurisdiction.

• Not serving proper notice before approaching the court.

One client had to withdraw their petition because the original agreement didn’t even specify where the arbitration would happen.

4. Why This Step Still Matters

• It frames your seriousness. Filing a Section 11 petition shows you’re willing to act.

• It creates urgency. The opposing party knows the process is no longer idle talk.

• It sets tone for conduct. If you’ve been fair, it strengthens your credibility.

5. How I Prepare Clients

• Clause diagnostics: We review the contract language like a hawk.

• Case law review: If the clause has grey areas, I surface rulings that support your interpretation.

• Alternative strategy: Sometimes, a Section 9 interim relief is the better opening move.

In founder disputes where relationships are tense, we even do “shadow filings” — preparing everything without rushing to court, just in case.