Case Law Analysis
|Calcutta High Court
Section 11 Arbitration Act | Arbitration Clause Requiring Mutual Consent for Arbitrator Appointment Void for Lack of Certainty : Calcutta HC
Calcutta High Court rules that an arbitration clause mandating mutual consent for arbitrator appointment fails the certainty requirement under Section 11 of the Arbitration and Conciliation Act, 1996. The judgment invalidates such clauses, reinforcing that arbitration agreements must demonstrate binding intent and enforceability without contingency.