Award by unilaterally appointed arbitrator not invalid if proceedings initiated before 2015 Amendment: Calcutta High Court

The court agreed with this contention stating that the lack of disclosure cannot cannot be the sole ground for setting aside the arbitral award.

“Merely because the petitioner/ award debtor decided to wake up from its deep slumber, and raise this ground for the very first time in the Section 34 application, without having taken any recourse to other remedies available in the Act, it will in no manner render the arbitral award void and invalid.“

Source: Barandbench