#arbitration waiver

Delhi High Court held that a sole arbitrator appointed solely by one party breaches Section 12(5) of the Arbitration Act, rendering the award void. It cautions that contract clauses permitting unilateral appointments are ineffective without a written waiver, impacting commercial arbitrations.

A Delhi High Court set aside a 2022 award, declaring it a nullity because the sole arbitrator had been appointed solely by one party without an express written waiver of the ineligibility bar under Section 12(5) of the Arbitration Act. The ruling makes clear that any such unilateral appointment invalidates the award, affecting parties relying on sole arbitrator clauses.