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Bom. HC: Illegality of Appointment Procedure Not Ground for Rendering Arbitration Agreement Invalid - (09 May 2023)

ARBITRATION

Bombay High Court has held that mere illegality of the appointment procedure would not swipe the entire arbitration agreement into illegality and what is impacted by Section 12(5) is the choice of arbitrator and not intention of parties to arbitrate dispute, thus, such intention must be respected.

Tags : BOMBAY HIGH COURT   APPOINTMENT PROCEDURE   ILLEGALITY OF APPOINTMENT  

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