Sole arbitrator is to be appointed by the Court

New Eureka Travels Club Vs South Bengal State Transport Corporation (Calcutta High Court)

Held that in case of appointment of a sole arbitrator, the law is very clear that it is the Court that is to decide the sole arbitrator. The persons that have been nominated by the respondent cannot be accepted.

Facts-

In the Section 21 notice issued by the petitioner, the petitioner had submitted that the arbitrator is required to be decided by the Court as the Supreme Court has held that an interested party cannot nominate an arbitrator.

Subsequent to the Section 21 notice, the respondent had given a choice of three learned Advocates of this Hon’ble High Court to be chosen by the petitioner for appointment as sole arbitrator. The petitioner not being agreeable to the same has filed a Section 11 application for appointment of an independent arbitrator to be decided by this Court.

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