Arbitration Clause Not Invalidated Merely Because It Provides Foreven Number Of Arbitrators

In Talbros Sealing Materials Private Limited vs Slach Hydratecs EquipmentsPrivate Limited, the Hon'ble Delhi High Court ("Hon'ble High Court") has,inter alia held that, an arbitration clause is not invalidated merely on theground that it provides for an arbitral tribunal consisting of even number ofarbitrators.

FACTS

The Petitioner had expressed interest in buying certain machinery from theRespondents. Accordingly, the Respondent issued a Commercial Offer thatcontained an arbitration clause, which inter alia, provided that, any disputearising in relation to the order placed for purchase of machinery pursuant tothe said Commercial Offer, shall be referred to an arbitral tribunal consistingof two arbitrators. The Commercial Offer was accepted by the Petitioner andthe Petitioner issued a purchase order for purchase of machinery ("Purchase Order").