Dec 31, 2022

Delhi HC Rules That Invalidity of Appointment Procedure Would Not Render Entire Arbitration Clause Invalid

In Ram Kripal Singh Construction Pvt. Ltd v. NTPC,[1] the Delhi HC held that the procedure for appointment of an arbitrator is clearly distinct and separable from the agreement to refer disputes to arbitration, even if these are contained in the same arbitration clause. Thus, if the procedure for appointment of arbitrator at the hands of one of the parties becomes legally invalid, void and unenforceable, that does not mean that the core agreement between the parties to refer their inter se disputes to arbitration itself perishes.


[1] Ram Kripal Singh Construction Pvt. Ltd v. NTPC, 2022 SCC OnLine Del 3743.




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