Bombay High Court Seeks Clarification from ODR Platforms on Arbitrator Appointment Process

The Bombay High Court has asked ODR platforms Presolv360 and AdresNow to clarify how they appoint arbitrators, emphasizing that unilateral appointments are illegal.

The case arose after Yes Bank initiated arbitration against Radiance Galore, but a technical error led to an arbitrator being appointed without the other party’s consent.

The Court held this violates the Arbitration and Conciliation Act, 1996, and Supreme Court rulings, which mandate mutual consent or court intervention under Section 11.

The arbitral award was quashed by consent, and the platforms were given four weeks to submit their responses.