In Supreme Court of India’s Bhadra International v. Airports Authority of India, unilateral appointment of arbitrators by interested government officials was held void ab initio under Section 12(5). Waiver requires an express, written, post-dispute agreement—mere participation or “no objection” is insufficient. Ineligibility is a jurisdictional defect, allowing challenge even at the Section 34 stage. Arbitrators must secure written waiver at the outset or withdraw.
Please click here to read the full article by Dheeraj Nair, Partner; Vishrutyi Sahni, Partner; and Vikramaditya Singh, Associate, published in Lexology.
Dheeraj is a Partner with JSA since 2009. Dheeraj has over two decades of experience advising and representing clients on complex arbitrations, litigations and regulatory proceedings.