https://www.taxtmi.com/caselaws?id=159552 Under Section 11(6) of the Arbitration and Conciliation Act, the respondent's contractual right to appoint an arbitrator is not lost merely because 30 days have passed, but it must be exercised before the court is approached. Where the earlier appointment process had already failed and no valid appointment was made before the application was filed, the appointment right stood forfeited. In assessing a fresh appointment, Section 11(8) requires due regard to the need for an independent and impartial arbitrator. On the record, a reasonable apprehension of lack of independence justified appointment of a neutral arbitrator instead of following the contractual procedure. en-us Mon, 09 Jan 2012 00:00:00 +0530 Tue, 27 Oct 2015 15:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159552 Under Section 11(6) of the Arbitration and Conciliation Act, the respondent's contractual right to appoint an arbitrator is not lost merely because 30 days have passed, but it must be exercised before the court is approached. Where the earlier appointment process had already failed and no valid appointment was made before the application was filed, the appointment right stood forfeited. In assessing a fresh appointment, Section 11(8) requires due regard to the need for an independent and impartial arbitrator. On the record, a reasonable apprehension of lack of independence justified appointment of a neutral arbitrator instead of following the contractual procedure. Case-Laws Companies Law Mon, 09 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159552