CPWD Arbitration Award Set Aside Due to Illegal Appointment of Arbitrator: Delhi High Court

The Delhi High Court has reaffirmed the strict legal position that unilateral appointment of an arbitrator by one party is illegal under Section 12(5) of the Arbitration and Conciliation Act, 1996, unless there is an express written waiver by both parties after the dispute arises. The Court refused to revive an arbitration award passed in favour of a contractor, holding that once the appointment of the arbitrator itself is invalid,…