https://www.taxtmi.com/caselaws?id=436289 An arbitral award may be set aside where the sole arbitrator was unilaterally appointed by one party despite the absence of any written waiver under Section 12(5) of the Arbitration and Conciliation Act, 1996 read with Schedule VII. The Court held that statutory ineligibility to act as arbitrator also prevents that party from making a valid sole appointment. It further held that failure to invoke Section 13 did not bar a challenge under Section 34, and that conducting the arbitration without effective notice or opportunity to file a counter violated natural justice. The award was therefore contrary to the Act and public policy and was set aside. en-us Wed, 15 Feb 2023 00:00:00 +0530 Mon, 10 Apr 2023 08:55:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=436289 An arbitral award may be set aside where the sole arbitrator was unilaterally appointed by one party despite the absence of any written waiver under Section 12(5) of the Arbitration and Conciliation Act, 1996 read with Schedule VII. The Court held that statutory ineligibility to act as arbitrator also prevents that party from making a valid sole appointment. It further held that failure to invoke Section 13 did not bar a challenge under Section 34, and that conducting the arbitration without effective notice or opportunity to file a counter violated natural justice. The award was therefore contrary to the Act and public policy and was set aside. Case-Laws Indian Laws Wed, 15 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=436289