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Can One Party Choose the Arbitrator?
The Supreme Court recently considered an important question under the Arbitration and Conciliation Act, 1996: Can an Arbitral Tribunal be appointed without the other party’s consent? In Arth Micro Finance Private Ltd. & Ors. v. Shivalik Small Finance Bank Ltd., the Court held that arbitration cannot become arbitrary, particularly when it comes to the appointment of an Arbitral Tribunal. The Facts The parties had an agreement containing an arbitration clause. The respond
Yashvardhan Sharma
Oct 142 min read
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