https://www.taxtmi.com/caselaws?id=309656 Under Section 11(6) of the Arbitration and Conciliation Act, 1996, the court should ordinarily give effect to the contractual appointment mechanism for arbitrators, while Section 11(8) requires regard to the prescribed qualifications and related considerations. Departure from that mechanism is justified in exceptional cases where the agreed procedure has become ineffective or futile and would defeat the remedy of arbitration. Because the disputes had remained unresolved for nearly two decades, one reference had not commenced and the other had not resulted in an award, the High Court was justified in appointing a retired Chief Justice as an independent arbitrator outside the contractual panel. en-us Wed, 13 Aug 2014 00:00:00 +0530 Thu, 14 Sep 2023 21:46:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309656 Under Section 11(6) of the Arbitration and Conciliation Act, 1996, the court should ordinarily give effect to the contractual appointment mechanism for arbitrators, while Section 11(8) requires regard to the prescribed qualifications and related considerations. Departure from that mechanism is justified in exceptional cases where the agreed procedure has become ineffective or futile and would defeat the remedy of arbitration. Because the disputes had remained unresolved for nearly two decades, one reference had not commenced and the other had not resulted in an award, the High Court was justified in appointing a retired Chief Justice as an independent arbitrator outside the contractual panel. Case-Laws Indian Laws Wed, 13 Aug 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309656