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Calcutta HC lays light on the conundrum of the Sole Arbitrator
The Calcutta HC has held that all unilateral appointments of arbitrators are not invalid unless it falls under the Seventh Schedule. In the present matter, Justice Bhattacharya differentiated between a clause that permits the unilateral appointment of an arbitrator...
Bombay HC: Arbitrator cannot apply principles of equity in absence of authorization of parties
The Bombay High Court has held that the Arbitrator cannot apply principles of equity in absence of authorization of parties. Moreover, it has also held that the doctrine of severability can also apply to arbitral awards. In this case, both parties were aggrieved by...
Calcutta HC: All Unilateral Appointments are not Invalid unless the Appointed Arbitrator Falls Within the 7th Schedule
Calcutta HC has held that all unilateral appointments of arbitrators are not invalid unless it falls under the Seventh Schedule. In the present matter, Justice Bhattacharya differentiated between a clause that permits unilateral appointment of an arbitrator and a...