JSA Prism | Dispute Resolution | August 2022

Supreme Court refers question of “Whether a person being himself ineligible to be an arbitrator can appoint an arbitrator?” to larger bench

Recently, the Hon’ble Supreme Court of India of India in the case of JSW Steel Limited vs. South Western Railway and Anr, referred the issue of appointment of an arbitrator by a person himself being ineligible to be appointed as an arbitrator, to the larger bench. The Supreme Court observed that there are several conflicting findings and decisions of the courts on the validity of appointment of an arbitrator by an ineligible person.

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