On November 8, 2024, the Supreme Court of India, in Central Organization for Railway Electrification vs. M/s ECI-SPIC-SMO-MCML (JV), delivered a landmark decision on unilateral appointment of arbitrators. A five-judge Bench addressed whether an arbitration clause permitting one party to curate a panel of arbitrators, from which the other party selects, adheres to the principle of impartiality under the Arbitration and Conciliation Act, 1996 (Arbitration Act). This judgment has significant implications for party autonomy and equality in arbitration agreements, ultimately underscoring the principle that party autonomy in arbitration is subject to fairness and impartiality.
Please click here to read the full article by Padmaja Kaul, Kushagra Sah and Vansh Bhutani, published in Bar and Bench.
Padmaja is a proficient legal practitioner with extensive and diverse experience of over 13 years in corporate commercial laws and dispute resolution, specializing in commercial litigation, arbitration, white collar crime, employment disputes, insolvency and pre-dispute advisory.