The article discusses the interpretation of Section 12, clause (5) of the Arbitration and Conciliation Act given by the Calcutta High Court in Mcleod Russell India Limited & Others vs. Aditya Birla Finance Limited & Ors.
Codifying the principles laid down by the judgment in Perkins Eastman Architects DPC v. HSCC (India) Limited will bring certainty, clarity and consistency to the appointment process of arbitrators.