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    <title>2022 (8) TMI 1462 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>A contractual pre-deposit for invoking arbitration was upheld because the deposit was adjustable against any costs awarded and any balance was refundable, making it materially different from a deposit-at-call clause previously struck down. The Court held that this structure did not make the condition arbitrary or unenforceable. It also held that appointing an arbitrator on the claimant&#039;s request did not amount to waiver of the pre-deposit requirement, since the appointing authority had not abandoned the condition and the arbitration was to proceed in accordance with the contract.</description>
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      <link>https://www.taxtmi.com/caselaws?id=310896</link>
      <description>A contractual pre-deposit for invoking arbitration was upheld because the deposit was adjustable against any costs awarded and any balance was refundable, making it materially different from a deposit-at-call clause previously struck down. The Court held that this structure did not make the condition arbitrary or unenforceable. It also held that appointing an arbitrator on the claimant&#039;s request did not amount to waiver of the pre-deposit requirement, since the appointing authority had not abandoned the condition and the arbitration was to proceed in accordance with the contract.</description>
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