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As per case facts, disputes arose from a contract between a company and a government body, leading to an arbitral award. The government body challenged this award in court, and
...a judge set it aside because the arbitrator's appointment was deemed illegal. The company then appealed this decision. The question arose whether the appointment of an arbitrator by one party, without an express written waiver of legal protections by the other, remains invalid under current law. Finally, the High Court affirmed that the appointment was illegal because the law prohibits certain relationships between parties and arbitrators. The court found that without a written agreement to waive these restrictions, the appointment violated the core requirements of the Arbitration Act, meaning the original decision to set aside the award was correct.
Bench
Applied Acts & Sections
Section 11
–The Arbitration And Conciliation Act, 1996
Section 12
–The Arbitration And Conciliation Act, 1996
Section 13
–The Arbitration And Conciliation Act, 1996
Section 14
–The Arbitration And Conciliation Act, 1996
Section 15
–The Arbitration And Conciliation Act, 1996
Section 16
–The Arbitration And Conciliation Act, 1996
Section 34
–The Arbitration And Conciliation Act, 1996
Section 37
–The Arbitration And Conciliation Act, 1996
Legal Notes
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