A petition came to be filed before the Bombay High Court seeking substitution of an arbitrator on the ground of lack of consensus on appointment of the arbitrator.

The Court prima facie observed that the petition is misconceived since the terms and conditions agreed between the parties (contained in the form of a link) entailed conciliation and arbitration by a named and pre-agreed online dispute resolution institution.

Key Takeaway

It is imperative that parties must adopt an unambiguous named institutional arbitration clause in their agreements or terms and conditions, as the case may be.