Justice Shekhar B Saraf, Calcutta High Court
Justice Shekhar B Saraf, Calcutta High Court

Arbitral award passed by unilaterally appointed arbitrator is void: Calcutta High Court

All the same, the Court also noted that the proviso to Section 12 (5) of the Act still allows the parties to waive off such a disqualification, provided such waiver is explicit and in writing.

The Calcutta High Court recently highlighted that arbitral awards passed by an arbitrator appointed unilaterally, that is, only by one of the parties to the arbitral dispute, are void and unenforceable in law [Cholamandalam Investment and Finance Co. Ltd. v. Amrapali Enterprises and anr.].

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