Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi High Court

The Delhi High Court, in a significant ruling, has held that the mandate of an Arbitrator can be terminated under Section 14 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) if the Arbitrator was appointed unilaterally, which is explicitly prohibited under Section 12(5) of the Arbitration Act unless such ineligibility is waived through a written agreement. The judgment clarifies that mere participation in the arbitration proceedings does not amount…