https://www.taxtmi.com/caselaws?id=384901 A civil suit for declaration and injunction was held not maintainable to challenge the existence or validity of an arbitration agreement or the appointment of an arbitrator, because such objections must be raised before the arbitral tribunal under the competence-competence principle. Applying the amended arbitration framework and the Fifth Schedule, the appointment of the company's former Chairman as sole arbitrator was treated as impermissible because the nominee fell within a statutory disqualification category. The existing appointment was quashed and a fresh arbitrator appointed, allowing the reference to proceed. en-us Fri, 23 Aug 2019 00:00:00 +0530 Tue, 27 Aug 2019 07:14:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=384901 A civil suit for declaration and injunction was held not maintainable to challenge the existence or validity of an arbitration agreement or the appointment of an arbitrator, because such objections must be raised before the arbitral tribunal under the competence-competence principle. Applying the amended arbitration framework and the Fifth Schedule, the appointment of the company's former Chairman as sole arbitrator was treated as impermissible because the nominee fell within a statutory disqualification category. The existing appointment was quashed and a fresh arbitrator appointed, allowing the reference to proceed. Case-Laws Indian Laws Fri, 23 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=384901