
Case Law Analysis
|Delhi High Court
Unilateral sole arbitrator appointment invalid under Sec 12(5) | BHEL v. Fitwell award set aside : Delhi HC
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.