https://www.taxtmi.com/caselaws?id=165143 A contractual arbitral mechanism should ordinarily be respected and implemented as closely as possible, but Section 11 of the Arbitration and Conciliation Act, 1996 permits departure where the agreed procedure becomes non-functional because of repeated delays, vacancies, transfers of nominated officers, and failure to replace arbitrators. In such circumstances, an alternative appointment may be justified to secure independence, impartiality, and effective dispute resolution. On the stated facts, the dispute had remained pending for nearly ten years without meaningful progress under the contractual mechanism, so interference with the appointment of a retired High Court Judge as sole arbitrator was not warranted. en-us Thu, 26 Feb 2009 00:00:00 +0530 Tue, 03 Jun 2014 14:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=165143 A contractual arbitral mechanism should ordinarily be respected and implemented as closely as possible, but Section 11 of the Arbitration and Conciliation Act, 1996 permits departure where the agreed procedure becomes non-functional because of repeated delays, vacancies, transfers of nominated officers, and failure to replace arbitrators. In such circumstances, an alternative appointment may be justified to secure independence, impartiality, and effective dispute resolution. On the stated facts, the dispute had remained pending for nearly ten years without meaningful progress under the contractual mechanism, so interference with the appointment of a retired High Court Judge as sole arbitrator was not warranted. Case-Laws Companies Law Thu, 26 Feb 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=165143