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Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:20:33
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
Dr. M. Kocher V/s Ispita Seal
Smt. Seema Kumar V/s Ashwin Kumar
Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
Surendra Kumar Bhilawe V/s The New India Assurance Company
Seat Vs Venue of Arbitration
D. Velusamy V/s D. Patchaimmal
Standard from of Contract - Legal or Illegal?
Life Insurance Corporation of India V/s Mukesh Poonamchand Shah
MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
Plea of Adjustment
Filing of Complaints against biased Judges
G. Raj Mallaih and Anr. V/s State of Andhra Pradesh
Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Adv. Latha Anand
Date:21 June 2021
Others
Comments:0
Views:1616
Likes:0Arbitration is an alternative dispute resolution mode that allows the parties to settle their disputes outside the courtrooms. This process is voluntary in nature, and in most cases, the parties have control over the procedure of proceedings before the arbitrator. This phenomenon has been recognized by the Arbitration and Conciliation Act, 1996 (A&C Act) of India. Section 11 of this Act lays down the procedure for the appointment of arbitrators by the parties. This Section recognizes the parties’ autonomy in deciding who shall preside over the case and render a final and binding decision/award.
According to Section 11 of the A&C Act, a person of any nationality is eligible for an appointment as an arbitrator unless the parties decide otherwise. The parties are allowed to agree on a procedure for the appointment of the arbitrator for deciding their dispute. However, if the parties fail to mutually decide a procedure, the Act lays down the procedure for appointment. As per Section 11(3), in case of an arbitration requiring three arbitrators, each party will appoint one arbitrator, and the two selected arbitrators shall appoint a third arbitrator who will be the presiding arbitrator. In the event, the parties are unable to appoint the arbitration panel according to the procedure given in Section 11(3) within 30 days from the date of receipt of a request from one party to the other or if the two appointed arbitrators fail to agree on the presiding arbitrator, then within 30 days from their appointment, a request shall be made to the concerned High Court or the Supreme Court, as the case may be, or any person or institution designated by such Court to make the appointment of the arbitrator. Similarly, in case the arbitration requires a sole arbitrator, a request shall be made to the High Court or the Supreme Court or any person or institution designated by such Court to appoint the arbitrator for that arbitration.
The 2015 Amendment
As mentioned above, Section 11 of the Act lays down the procedure for the appointment of arbitrators in the absence of an agreement between the parties. In 2015, several amendments were made to the A&C Act including, an amendment in Section 11. When the parties fail to appoint an arbitrator according to their decided procedure or when the appointed arbitrators fail to appoint a third arbitrator, or any of the conditions given in Section 11(6) are fulfilled, the 2015 amendment through the insertion of sub-section (6A) and (6B) to Section 11, has limited the scope of enquiry by the Supreme Court or the High Court to “the examination of the existence of an arbitration agreement.” It was based on recommendations of the Law Commission of India in its 246th report proposing confining the jurisdictions of the Courts. This means that the concerned Courts were not allowed to examine the validity of any clause of the arbitration agreement but only determine whether an agreement exists or not. The intent behind this amendment was to reduce the drastically increasing delay in resolving disputes through arbitration caused by the courts' interference. The amendment was based on the principle of ‘kompetenz- kompetenz’, i.e. the arbitral tribunal has the power to decide its own jurisdiction as substantiated by Section 16 of the Act.
Post the 2015 amendment, Courts in India adhered to the limited scope introduced thereby. For example, in Mayavati Trading v. Pradyuat Deb Burman, the Supreme Court reiterated that Section 11(6A) requires the Courts to restrict itself to the examination of the existence of an arbitration agreement. Thus, the Courts have to interpret Section 11(6A) provisions in a narrow sense as intended by the legislature. However, with the passage of time, the Courts deemed it necessary to evaluate the validity of the arbitration agreement and not just its existence.
In Oriental Insurance Company Ltd. v. Nabheram Power and Steel Pvt. Ltd., the Apex Court assessed the existence of and examined if all the conditions provided in the contract were fulfilled to invoke the arbitration clause. Similarly, in Brightstar Telecommunications v. I-world Digital Solutions Pvt. Ltd., the Court held that the power of examination under Section 11(6A) includes evaluating the correlation between the existence of arbitration agreement between the parties and the transactions undertaken by them. Subsequently, the Court began to decide whether a particular transaction is governed by the arbitration agreement and its validity on many occasions.
There was a difference of opinion in different precedents, and it was realised that the 2015 amendment was contrary to its object as the Courts were repeatedly called upon, and their interpretations were inconsistent with the amendment. Thus, the amendment failed to achieve its objective of reducing the Court’s interference and providing speedy settlement of disputes vis-a-vis the insertion of sub-section (6A) to Section 11.
On the other hand, section 11(6B) clarifies that when the Supreme Court or the High Court, as the case may be, designates any person or institution the authority to appoint arbitrators, it shall not be regarded as an exercise of its judicial power. Therefore, the designation of a person or institution under Section 11 by the Courts is an administrative power and not a judicial power.
2019 Amendment
The amendment of 2015 remained ineffective to curb the role of Courts in arbitration proceedings. Consequently, the government established a High-Level Committee under the Chairmanship of Justice B.N. Srikrishna to examine the effectiveness of existing arbitration procedure, the functioning and efficiency of arbitral tribunals, and recommend measures for promoting institutional arbitration in India. Based on these recommendations, the legislature enacted the Arbitration and Conciliation (Amendment) Act, 2019, which came into force on 9th August 2019.
As the 2019 amendment was meant to promote institutional arbitration in India and providing space for arbitral tribunals to function effectively, the 2019 amendment omitted sub-section (6A) of Section 11. The High- level Committee, after a thorough review of the institutional arbitration mechanism in India, recommended that the appointment of arbitrators must be made by the arbitral institutions elected by the Courts, and Courts should not appoint arbitrators to ensure speedy settlement of disputes. Thus, the Courts must not be called upon to determine the existence of an arbitration agreement.
In Mayavati Trading Pvt. Ltd. v. Pradyuat Deb Burman, the Supreme Court stated that only the arbitral tribunal could decide preliminary questions related to the proceedings. The process of appointment of arbitrators is to conducted within the institution, and neither the Supreme Court nor the High Courts shall be required to appoint arbitrators as described in the pre-amendment procedure. The Courts do not have to determine whether an arbitration agreement exists or not. Furthermore, it was held that the statutory position under the A&C Act, 1996 prior to the 2015 amendment is now overruled by the legislative measure of amending Section 11 in 2019.
Court Precedents
While the parties to the dispute have been given the autonomy to decide the procedure for the appointment of arbitrators, principles of natural justice require that all the parties be given an equal opportunity to hear and represent their interests. The limits of party autonomy cannot be extended to violate the rights of the other party who may be in a weaker position. Judicial intervention has led to the imposition of some limitations on the freedom of parties to decide the procedure for the appointment of arbitrators. However, these limitations have been imposed only in the interest of justice and fair procedure.
For example, the Courts have held that a person interested in the outcome of the arbitration proceedings must not be allowed to appoint the sole arbitrator on their own even if the contract between the parties otherwise stipulates.
This issue came before the Supreme Court in Perkins Eastman Architects DPC & Anr. v HSCC (India) Ltd. In this case, the Respondent appointed a sole arbitrator unilaterally by invoking the arbitration clause of their agreement. The Appellant challenged the appointment under Section 11(6) read with Section 11(12) of the A&C Act, 1996. The Court held that an arbitration clause that empowers one of the parties to appoint the sole arbitrator is invalid and bad in law. If a party has an interest in the outcome of the arbitration, it cannot appoint a sole arbitrator on its own. The Court relied on the judgement rendered in TRF Ltd. V. Energo Projects Ltd. and even referred to a number of law commission reports and precedents concerning the neutrality of arbitrators, scope of party autonomy, independence and impartiality of the arbitrator when an arbitral tribunal is constituted and held that in the name of party autonomy, no person can override the need of appointing an impartial and independent arbitrator. The reasoning behind this decision was the elimination of bias, which will always remain present notwithstanding that the arbitration clause allows the appointment of a sole arbitrator by one of the parties. However, the Court categorically stated that arbitration clauses that permit both the parties to nominate one arbitrator each are different and are valid. A party shall not be allowed to take undue advantage by nominating a sole arbitrator of its choice.
In Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), A Joint Venture Company, according to the dispute resolution clause of the contract between the parties, the Central Organisation for Railway Electrification COFRE was allowed to appoint the arbitral tribunal. Subsequently, COFRE created a panel of four serving railway electrification officers and requested the ECI to select two arbitrators from the panel. The ECI approached the Bombay High Court, contending that the arbitrators sought to be appointed were not neutral and proposed the name of a retired Railway Board officer as the arbitrator. The High Court accepted the contentions of ECI, and the Court appointed a retired Judge as the arbitrator. This decision was challenged before the Supreme Court by COFRE, and the Court held that the ECI itself invoked arbitration under clause 64 of the contract and was thus not justified in seeking the appointment of a sole arbitrator against the terms of the arbitration agreement. Further, it was also held that the High Court was not justified in appointing an independent arbitrator ignoring the procedure for appointment of the arbitrators prescribed under the arbitration agreement.
Conclusion
The procedure for the appointment of arbitrators is crucial for the effective disposal of the dispute through arbitration. An appointed arbitrator must be impartial, independent and neutral to do justice. According to the A&C Act, 1996, the parties are free to decide on the procedure for the appointment of arbitrators. However, in case the parties fail to agree or fail to appoint an arbitrator, the Supreme Court or the High Court shall have the power to designate an institution for appointing the arbitrators as amended by the Amendment Act of 2019.
However, the procedure adopted must be fair, reasonable and must not be unjust. Each party should be given an equal and fair opportunity to be heard and represent their grievances. If the arbitrator's appointment is faulty, then the arbitral award passed can be challenged, and it will give rise to increased instances of judicial intervention. The Supreme Court's decision in the Perkins case is a step towards reducing abuse of power by the more advantageous party than the other. The basic feature of arbitration is the voluntariness of the parties, and no party can compel the other to appoint an arbitrator on its terms.
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