DATAR SWITCHGEARS LTD. vs TATA FINANCE LTD.

The Supreme Court addressed the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, holding that the unilateral appointment by the 1st respondent was valid despite the lapse of the notice period. The Court emphasized that the parties are free to agree on the procedure for appointing an arbitrator, and the failure to do so allows the aggrieved party to seek intervention. The Court upheld the Chief Justice's order, affirming that the appointment was maintainable under the circumstances presented.