In Brief
Perkins Eastman Architects (a New York-based architectural firm in consortium) and HSCC (India) Ltd were in dispute over a project. When HSCC's nominated sole arbitrator became ineligible to act, HSCC unilaterally appointed a replacement without consulting Perkins. The Supreme Court held that because the original arbitrator lost eligibility, the nominating party lost its power to substitute him. The Court found the arbitration was 'international commercial' (given Perkins' foreign status) and allowed the application to set aside the unauthorized appointment and direct proper fresh appointment procedures."
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