https://www.taxtmi.com/caselaws?id=247446 Once a party, after receiving notice invoking the arbitration clause, fails to nominate its arbitrator and instead disputes the existence of any arbitrable controversy, its contractual right to make the appointment is exhausted. The court may then validly appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The Designate Judge's appointment was therefore justified because the petitioner's refusal to act under the agreed appointment mechanism amounted to a waiver of that contractual right. The challenge to the arbitral appointment failed, and the appointment order was sustained. en-us Tue, 21 Feb 2012 00:00:00 +0530 Mon, 12 May 2014 12:03:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=247446 Once a party, after receiving notice invoking the arbitration clause, fails to nominate its arbitrator and instead disputes the existence of any arbitrable controversy, its contractual right to make the appointment is exhausted. The court may then validly appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The Designate Judge's appointment was therefore justified because the petitioner's refusal to act under the agreed appointment mechanism amounted to a waiver of that contractual right. The challenge to the arbitral appointment failed, and the appointment order was sustained. Case-Laws Companies Law Tue, 21 Feb 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=247446