Topic

arbitration appointment

2 articlesLatest 3 weeks ago
Section 11 Arbitration Act | Court May Appoint Independent Arbitrator When Contractual Appointing Authority Is Disqualified Under Section 12(5) for Institutional Bias : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 11 Arbitration Act | Court May Appoint Independent Arbitrator When Contractual Appointing Authority Is Disqualified Under Section 12(5) for Institutional Bias : Punjab & Haryana HC

The Punjab & Haryana High Court affirmed that contractual designation of an arbitrator does not override statutory disqualification under Section 12(5) when the appointing authority has institutional bias. This reinforces that impartiality in arbitration is non-negotiable, and courts must step in to ensure fair proceedings even when parties have pre-agreed appointment mechanisms.