https://www.taxtmi.com/caselaws?id=313306 A sole arbitrator appointed unilaterally by an interested party after disputes have arisen is de jure ineligible under Section 12(5) read with Schedule VII unless there is an express written waiver. An award made by such an ineligible arbitrator lacks inherent jurisdiction, is a nullity, and cannot derive enforceable status from a contractual appointment clause. The text further states that an executing court may refuse enforcement under Section 36 where the award is void for want of a valid arbitral foundation, and that such an award need not be treated as executable. en-us Tue, 14 Mar 2023 00:00:00 +0530 Sat, 06 Apr 2024 05:28:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313306 A sole arbitrator appointed unilaterally by an interested party after disputes have arisen is de jure ineligible under Section 12(5) read with Schedule VII unless there is an express written waiver. An award made by such an ineligible arbitrator lacks inherent jurisdiction, is a nullity, and cannot derive enforceable status from a contractual appointment clause. The text further states that an executing court may refuse enforcement under Section 36 where the award is void for want of a valid arbitral foundation, and that such an award need not be treated as executable. Case-Laws Indian Laws Tue, 14 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313306