Unilateral Arbitrator Appointment
Case BriefsHigh Courts

“The waiver under Section 4 of the Arbitration and Conciliation Act, 1996 will be inapplicable to the unilateral appointments as it is governed by Section 12(5), which specifically provides for waiver by express agreement in writing.”

appointment of arbitrator
Case BriefsHigh Courts

“Proviso to Section 12(5) gives a discretion to the parties to waive the applicability of the appointment of an Arbitrator by one party, but the word ‘may’ has been used”.