#commercial appeal

Under Section 12(5) of the Arbitration and Conciliation Act, 1996, a unilateral arbitrator appointment after a dispute is invalid without a post-dispute written waiver, the Delhi High Court held, adding that pre-dispute clauses cannot substitute the waiver.

The Bombay High Court clarifies the scope of Section 12-A of the Commercial Courts Act, holding that urgent interim relief must be genuinely pleaded to bypass pre-institution mediation.