Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Failure To Name Arbitrator In Legal Notice Does Not Invalidate Arbitration Invocation: Rajasthan High Court
The Rajasthan High Court addressed a case where the failure to name an arbitrator in a legal notice was contested. The court ruled that the omission does not invalidate the invocation of arbitration under Section 21 of the Arbitration and Conciliation Act, 1996. The court emphasized that the key purpose of the notice is to initiate the arbitration process, and the exact details of the arbitrator are secondary at this stage. This ruling clarifies that procedural lapses in the notice do not preclude the commencement of arbitration, provided the intent to arbitrate is clearly communicated. This decision underscores the principle that the arbitration process should not be hindered by minor procedural errors if the parties' intention to resolve disputes through arbitration is evident.