LAW FOR ALL

Corporate laws - arbitration - Objection as to appointment of arbitrator not raised earlier - after participation - objection not tenable =no bar under the new Act, for an arbitration agreement providing for an employee of a Government/statutory cor- poration/public sector undertaking (which is a party to the contract), acting as an arbitrator.The fact that the named arbitrator happens to be an employee of one of the parties to the Arbitration Agreement has not by itself, before the Amendment Act came into force, rendered such appointment invalid and unenforceable. In the circumstances, the High Court was clearly in error in exercising jurisdiction in the present case and it ought not to have interfered with the process and progress of arbitration. We therefore accept the challenge raised by the Appellant and reject that raised by the Respondent.