[Arbitration Act] Opposite Party's Failure To Reply To S.21 Notice Doesn't Imply Consent To Appointment Of Named Arbitrator: Delhi High Court

Delhi HC: Failure by Opposite Party to Reply to Section 21 ACA Notice Does Not Imply Consent or Acquiescence to Appointment of Named Arbitrator; Only Recourse is by Appointment by Court The Delhi High Court has clarified that the mere failure of an opposite party to reply to a Section 21 notice under the Arbitration and Conciliation Act does not imply consent or acquiescence to the appointment of a named arbitrator. The court stated that in such cases, the only recourse for the party seeking arbitration is to approach the court for the appointment of an arbitrator. This ruling emphasizes that specific consent is required for arbitrator appointments and mere silence cannot be construed as agreement.