Delhi High Court: Whether On Demise Of One Of The Arbitrators, The Statutory Provision That Comes Into Play Is Section 15(2) Or Section 11 Of The Indian Arbitration Act?

The procedure in respect of appointment of arbitrators is prescribed under Section 11 of the Arbitration & Conciliation Act, 1996 (‘Arbitration Act’). For appointment of a substitute arbitrator, Section 14 read with Section 15 attains relevance. Section 14 (1)(a) of the Arbitration Act ordains that, on an arbitrator becoming de jure or de facto unable…

Supreme Court of India: Whether A Party Is Barred To Raise The Issue Of Ineligibility Of An Arbitrator, Having Itself Appointed The Arbitrator

Section 12(5) of the Indian Arbitration Act (‘Act’), under Seventh Schedule, set out the categories of persons which are ineligible to be appointed as an Arbitrator. Further, the proviso to Section 12(5) inter alia states that parties may, subsequent to disputes having arisen between them, waive the applicability of Section 12(5) of the Act by…