https://www.taxtmi.com/caselaws?id=314258 A party with an interest in the dispute cannot unilaterally appoint a sole arbitrator because such appointment offends neutrality, fairness, and independence; the arbitrator is therefore de jure unable to act and the Court may terminate the mandate. The invalid appointment did not extinguish the arbitration agreement, as the clause was severable and the parties' intention to arbitrate remained clear. Allegations of fraud and forgery, without a prima facie showing that no valid arbitration agreement exists, do not bar substitution; jurisdictional objections may still be raised before the tribunal. The existing mandate was terminated and a substitute arbitrator could be appointed. en-us Wed, 24 Aug 2022 00:00:00 +0530 Tue, 28 May 2024 20:36:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314258 A party with an interest in the dispute cannot unilaterally appoint a sole arbitrator because such appointment offends neutrality, fairness, and independence; the arbitrator is therefore de jure unable to act and the Court may terminate the mandate. The invalid appointment did not extinguish the arbitration agreement, as the clause was severable and the parties' intention to arbitrate remained clear. Allegations of fraud and forgery, without a prima facie showing that no valid arbitration agreement exists, do not bar substitution; jurisdictional objections may still be raised before the tribunal. The existing mandate was terminated and a substitute arbitrator could be appointed. Case-Laws Indian Laws Wed, 24 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314258