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Indian Laws - Highlights / Catch Notes

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Termination of mandate of sole arbitrator - absence of any ...


Arbitrator's mandate can't be terminated u/s 11(6) without a written contract; mutual consent prevails.

May 7, 2022

Case Laws     Indian Laws     SC

Termination of mandate of sole arbitrator - absence of any written contract containing the arbitration agreement - In the present case, the parties themselves agreed on a procedure for appointment of the arbitrator and appointed and nominated an arbitrator by mutual consent. Therefore, the application under section 11(6) of the Act, 1996 was not maintainable at all. - Once the appointment of the arbitrator is made, the dispute whether the mandate of the arbitrator has been terminated on the grounds set out in section 14(1)(a) of the Act, shall not have to be decided in an application under section 11(6) of the Act, 1996. - SC

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