The Gauhati High Court held that the right to appoint an arbitrator is not automatically forfeited merely because 30 days have lapsed since the demand was made by the other party.
The Court held that Section 11(6) of the Arbitration and Conciliation Act does not prescribe a specific time limit for the appointment of an arbitrator and that the appointment can be valid even beyond 30 days, provided the other party has not yet approached the court.
The Court also reiterated the need to interpret arbitration law in a manner that furthers the objective of party autonomy.
2 months ago
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