Datar Switchgears Ltd vs Tata Finance Ltd. & Anr

The Supreme Court addressed the appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, emphasizing that the parties are free to agree on a procedure for appointing an Arbitrator. The Court held that the unilateral appointment of an Arbitrator by one party, without the consent of the other, is not permissible under the Lease Agreement. The Chief Justice of the Bombay High Court's order rejecting the appellant's application for a new Arbitrator was upheld, affirming that the appointment made by the 1st respondent was valid despite the lapse of the notice period.