In Brief
This appeal concerns whether a High Court can terminate a sole arbitrator's mandate under Section 11(6) of the Arbitration and Conciliation Act, 1996, based on undue delay. The parties had appointed an arbitrator by mutual consent without a written agreement. The Court held that Section 11(6) applies only where there is a written arbitration agreement with an agreed appointment procedure. Once an arbitrator is appointed by mutual consent, the arbitration agreement cannot be invoked again. Disputes about termination due to delay must be raised before the appropriate court under Section 14(2), not Section 11(6). The High Court's order terminating the arbitrator was quashed and the matter remitted for proper adjudication under Section 14(2).",
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