Dispute had arisen between parties for default in repayment of installments of loan - Appointment of Arbitrator by respondent unilaterally, illegal.

Citation

AIROnline 2022 KER 4695

Kerala High Court

SATHISH NINAN , J.

AR - 134 of 2022 D/- 16 - 8 - 2022

Fayas Muhammed Kassim v. M/s Axis Bank Ltd.

Arbitration and Conciliation Act (26 of 1996), S.12(5), S.11 - Unilateral appointment of

Arbitrator - Dispute had arisen between parties for default in repayment of installments of

loan - Existence of arbitration clause, providing for resolution of disputes between parties by

arbitration - Appointment of Arbitrator by respondent unilaterally, illegal - As there cannot be

an unilateral appointment of arbitrator by one of parties - Arbitrator appointed by Court.

 (Paras 3 , 4)