If the arbitration agreement mandates pre-arbitral conciliation, then the parties cannot circumvent the conciliation process and directly approach the court for appointment of an arbitrator.

Sanjay Iron and Steel Limited v. Steel Authority of India 

(Judgment dated 01.10.2021 in ARB.P. 408/2021)

The High Court of Delhi held that if the arbitration agreement mandates pre-arbitral conciliation, then the parties cannot circumvent the conciliation process and directly approach the court for appointment of an arbitrator. The parties must first make efforts to amicably resolve dispute through conciliation, and only after the efforts fail and no scope for conciliation remains, the court can directly appoint an arbitrator