New Arbitrator Must Initiate Proceedings Afresh When Previous Arbitrator's Appointment Is Void Ab Initio: Kerala High Court

The Kerala High Court has held that if an arbitrator’s initial appointment is deemed invalid from its inception, a replacement arbitrator cannot simply continue the proceedings from where the previous one left off. Instead, the newly appointed arbitrator must begin the entire arbitration process anew to ensure fairness and proper adherence to legal procedures. This ruling emphasizes that a fundamentally flawed initial appointment renders all subsequent actions by that arbitrator void, necessitating a fresh start to safeguard the integrity and legitimacy of the arbitration proceedings and ensure that all parties have a fair opportunity to present their case.