Agreement executed between two companies 'A' & 'B' mentioned only that arbitration shall be there and as per Indian Arbitration & Conciliation Act. But does not mention about no. of arbitrators or how they will be appointed.
Dispute has arisen & company 'A' offrerd that dispute be referred to sole arbitration to retited judge of high court and asked comapny 'B' to give names of three arbitrators amongst whom company 'A' would chose one to act as sole arbitrator. Company 'B' did not reply to this notice for more than 40 days. Now comapny 'A' has sent a notice stating that they have appointed a sole arbitrator who is retired judge of high court of Bombay.
1. What are the options open to 'B' ?
2. Whether sole arbitrator can be appointed by one sided?