Arbitrator Appointment in International Commercial Arbitration by HC Doesn’t Invalidate Award
- Case Name: Hala Kamel Zabal V Arya Trading Ltd. & Ors.
- Judge(s): Justice C. Hari Shankar
- Advocate(s): Adv. Mamta Tiwari , Adv. Ritika Sinha & Others
The Delhi High Court ruled that appointing an arbitrator for International Commercial Arbitration (ICA) by the High Court does not invalidate the award.
The case involved cross-petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award.
Petitioners argued the arbitrator’s appointment by the High Court violated Section 11(6), which mandates Supreme Court appointments in ICA cases.
The court held that objections should have been raised during arbitration, citing Narayan Prasad Lohia v. Nikunj Kumar Lohia, and upheld the award since the appointment aligned with the arbitration agreement.
The challenge was dismissed.
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