Fresh Arbitrator Can Be Appointed By Court U/S 14 Of Arbitration Act If Proposed Arbitrator Is Ineligible U/S 12(5): J&K And Ladakh HC

The Jammu & Kashmir and Ladakh High Court ruled that an arbitrator’s appointment is invalid if it violates Section 12(5) of the Arbitration Act, which mandates independence and impartiality. The court held that if an arbitrator is found ineligible, a fresh appointment can be made under Section 14 of the Act. This decision underscores the importance of adhering to statutory requirements for arbitrator appointments to ensure fair and unbiased arbitration proceedings.