ARBITRAL AWARD PASSED BY UNILATERALLY APPOINTED ARBITRATOR IS VOID: CALCUTTA HIGH COURT The Calcutta High Court recently emphasized that arbitral award made by arbitrators who were appointed unilaterally, are void and unenforceable in law. The Court explained that this is because such appointments would be tainted by possible bias in favour of the appointing party, thereby making such an appointment violative of Section 12 (5) (which relates to disqualification or ineligibility of persons to be appointed as arbitrators) of the Arbitration Act, 1996 (Act) read with Schedule VII to the Act. The Court further stated that such appointments, the subsequent procedure and the resulting award that follow cannot be validated at any later stage, meaning that such arbitral proceedings would be void ab initio. Our team consists of experienced and resourceful lawyers and attorneys who advise and represent our clients in all dispute resolution. We specialise in litigation upholding arbitration, including seeking injunctive relief, court appointments of arbitrators, and challenge of award.