A Division Bench of the Delhi High Court has reiterated that a party interested in the dispute cannot unilaterally appoint an Arbitrator, and if any Award is passed as a result of such unilateral appointment, the same would be a nullity. The Bench, comprising Justices Sanjeev Sachdeva and Manoj Jain, noted that the respondents' nomination of the Arbitrator was without reference to the court in terms of Section 11 of A&C Act. Moreover, the respondents had merely intimated the appellants about appointment of the Arbitrator, without concurring from them. Referring to the Supreme Court's decision in Perkins Eastman Architects DPC and Anr. v. HSCC (India) Ltd., the Bench opined that reference of an arbitral dispute must be to an independent person. "…an award rendered by an ineligible Arbitrator would be a nullity as has been held by a Coordinate Bench of this Court in Kotak Mahindra Bank Ltd. vs. Narendra Kumar Prajapat".