unilaterally
appointed the learned arbitrator as a sole arbitrator.
48. In my view, appointment of the learned arbitrator by the
respondent unilaterally after the petitioner ... application for
appointment of an arbitrator. In my view, the respondent could not have
appointed the learned arbitrator as a sole arbitrator unilaterally. The
appointment
Lease enables the respondents to appoint a sole Arbitrator, the
respondents ought to have made the appointment of the Arbitrator strictly in
terms of Section ... Court has settled the position of unilateral appointment of
Sole arbitrators by holding that Unilateral appointment of the arbitrator
shall be vitiated by Section
examine the
objection of unilateral appointment raised on behalf of the
Petitioner.
14) The effect of unilateral appointment of arbitrator on the
award has been ... MCCI for nomination of arbitrator.
The Registrar of MCCI was requested to appoint arbitrator and
accordingly the sole Arbitrator was appointed by MCCI
examine the
objection of unilateral appointment raised on behalf of the
Petitioner.
14) The effect of unilateral appointment of arbitrator on the
award has been ... MCCI for nomination of arbitrator.
The Registrar of MCCI was requested to appoint arbitrator and
accordingly the sole Arbitrator was appointed by MCCI
made the appointment of the arbitrator.
Mere fact of making appointment in writing will not make the
ineligible appointment a valid appointment unless there ... which party made such
unilateral appointment. The arbitral proceedings and an
award made by an unilaterally appointed sole or presiding
arbitrator, who is de jure
Arbitrators
could not be unilaterally appointed and any arbitration by a
unilaterally appointed Arbitrator would be a nullity ab initio.
Therefore, even on this score ... settled with regard to the unilateral appointment of an
Arbitrator.
50. The Arbitrator appointed unilaterally is void ab initio and any
proceedings carried
authority which appointed the sole
arbitrator was ineligible to act as an Arbitrator and so also to nominate an
Arbitrator unilaterally in the dispute ... arbitrator appointments, as the direction
only applies to three-member arbitral tribunals. So far as the appointment of
the sole Arbitrator unilaterally is concerned
authority which appointed the sole
arbitrator was ineligible to act as an Arbitrator and so also to nominate an
Arbitrator unilaterally in the dispute ... arbitrator appointments, as the direction
only applies to three-member arbitral tribunals. So far as the appointment of
the sole Arbitrator unilaterally is concerned
have waived the objection against the unilateral
appointment?
B. Does the award passed by unilaterally appointed arbitrator is per se bad
and a nullity, which ... impartiality, is ineligible to act as an arbitrator. When the power to appoint
an arbitrator is exercised unilaterally, such an appointment is null and void
party appointing ineligible Arbitrator
can challenge the appointment. It is further held that mere act of
making the appointment of an ineligible Arbitrator ... which party made such
unilateral appointment. The arbitral proceedings and an award made by an
unilaterally appointed sole or presiding arbitrator, who is de jure
