“Whenever the agreement specifically provides for appointment of named arbitrators, the appointment of arbitrator should be in terms of the contract.” Case name: Union of…
“The Chief Justice or the designated Judge under Section 11(6) of the Arbitration Act is free to nominate any qualified person as arbitrator and that…
“The fact that a named arbitrator is an employee of one of the parties is not ipso facto a ground to raise a presumption of…
Invoking the doctrine of “group of companies”, it went on to observe that an arbitration agreement entered into by a company, being one within a…
“Arbitration agreement” means a written agreement to submit present or future differences to arbitration” Case name: Dharma Prathishthanam v. M/S. Madhok Construction Pvt. Ltd Case…
Such unilateral appointment of the Arbitrator by a party when resisted by the other side and as it is contrary to the arbitration clause itself is impermissible.…
“Whatever advantage a party may derive by nominating an arbitrator of its choice would get counter balanced by equal power with the other party.” Case…
In the matter of settlement of dispute by arbitration, the agreement executed by the parties has to be given great importance and an agreed procedure…
“The Arbitration Act, 1996 has accepted the territoriality principle which has been adopted in the UNCITRAL Model Law” Case name: Bharat Aluminium Co v. Kaiser…
If one party demands the opposite party to appoint an arbitrator and the opposite party does not make an appointment within 30 days of the…
