https://www.taxtmi.com/caselaws?id=106758 Where an arbitration clause expressly provides that the arbitrator already appointed by one party becomes the sole arbitrator on the other party's default, that contractual mechanism governs and recourse to appointment by the Chief Justice under section 11(6)(c) is unnecessary. The tribunal's composition is then in accordance with the parties' agreement. An award not challenged in time under section 34 on the ground of improper composition or procedure attains finality under sections 35 and 36 and cannot be treated as a nullity in execution. The award was therefore executable as a decree, and the objections to execution failed. en-us Mon, 06 Aug 2001 00:00:00 +0530 Thu, 15 Mar 2012 15:28:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106758 Where an arbitration clause expressly provides that the arbitrator already appointed by one party becomes the sole arbitrator on the other party's default, that contractual mechanism governs and recourse to appointment by the Chief Justice under section 11(6)(c) is unnecessary. The tribunal's composition is then in accordance with the parties' agreement. An award not challenged in time under section 34 on the ground of improper composition or procedure attains finality under sections 35 and 36 and cannot be treated as a nullity in execution. The award was therefore executable as a decree, and the objections to execution failed. Case-Laws Companies Law Mon, 06 Aug 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106758