Section 12(5) Arbitration Act
Delhi High Court: Unilateral arbitrator appointment invalid without express written waiver under Section 12(5) of Arbitration Act
“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.”
A party alone cannot decide to appoint an Arbitrator of their choice when 2nd party has not given consent: MP High Court
“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”.