https://www.taxtmi.com/caselaws?id=438045 A contractual clause giving one party unilateral control over appointment of the sole arbitrator is inconsistent with the requirements of independence, neutrality, and natural justice, because an interested party cannot play an effective role in constituting the tribunal. The clause was therefore unsustainable, and a neutral sole arbitrator had to be appointed by the Court. On limitation, a Section 11 court may refuse reference only where the claims are plainly and demonstrably time-barred; where the record shows a live dispute, the matter should go to arbitration. Applying the negotiation history, later communications, and exclusion of the moratorium period, the claims were treated as continuing and not ex facie time-barred. en-us Wed, 29 Mar 2023 00:00:00 +0530 Sun, 21 May 2023 12:11:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=438045 A contractual clause giving one party unilateral control over appointment of the sole arbitrator is inconsistent with the requirements of independence, neutrality, and natural justice, because an interested party cannot play an effective role in constituting the tribunal. The clause was therefore unsustainable, and a neutral sole arbitrator had to be appointed by the Court. On limitation, a Section 11 court may refuse reference only where the claims are plainly and demonstrably time-barred; where the record shows a live dispute, the matter should go to arbitration. Applying the negotiation history, later communications, and exclusion of the moratorium period, the claims were treated as continuing and not ex facie time-barred. Case-Laws Indian Laws Wed, 29 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=438045