There are exceptions to his rule though. For instance, it goes without saying that if the named arbitrator himself or herself would fall afoul of the independence and impartiality requirements under the Amendment Act, then a clear case of ineligibility could be made out. Further, if there is a formal empanelment process that is being followed, then as exemplified in the recent judgment of the High Court of Delhi in Larsen & Toubro Construction Ltd. v. Public Works Department even the overall mechanism followed for the empanelment of arbitrators by a public-sector undertaking, and the mandatory attributes prescribed by the concerned public sector undertaking for empanelment of arbitrators, may be subjected to the tests of independence and impartiality.