Articles 22nd Jan 2025

SC reemphasizes party autonomy in appointment of arbitrators

Authors

Mumtaz BhallaPartner | New Delhi | Noida
Simran YadavAssociate | Delhi NCR

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Our Partner Mumtaz Bhalla, FICA, MCIArb & Associate Simran Kaur have written an article titled “SC reemphasizes party autonomy in appointment of arbitrators” published on Indian Women in International Arbitration.

The article analyses the recent SC ruling in 𝘊𝘦𝘯𝘡𝘳𝘒𝘭 π˜–π˜³π˜¨π˜’π˜―π˜ͺ𝘴𝘒𝘡π˜ͺ𝘰𝘯 𝘧𝘰𝘳 π˜™π˜’π˜ͺ𝘭𝘸𝘒𝘺 𝘌𝘭𝘦𝘀𝘡𝘳π˜ͺ𝘧π˜ͺ𝘀𝘒𝘡π˜ͺ𝘰𝘯 𝘷. π˜”/𝘴 𝘌𝘊𝘐 π˜šπ˜—π˜π˜Š π˜šπ˜”π˜– π˜”π˜Šπ˜”π˜“ (π˜‘π˜) a Joint Venture Company. The authors discuss Hon’ble Supreme Court’s affirmation of party autonomy, providing greater clarity on the balance between equal treatment of parties and the validity of a curated panel of arbitrators.

The article further examines the impact of the dissenting opinion authored by Justice Hrishikesh Roy and Justice PS Narasimha holding a torch for unilateral appointments and its impact on various public-private contracts.

Read the article here

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