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 𝘊𝘦𝘯𝘵𝘳𝘢𝘭 𝘖𝘳𝘨𝘢𝘯𝘪𝘴𝘢𝘵𝘪𝘰𝘯 𝘧𝘰𝘳 𝘙𝘢𝘪𝘭𝘸𝘢𝘺 𝘌𝘭𝘦𝘤𝘵𝘳𝘪𝘧𝘪𝘤𝘢𝘵𝘪𝘰𝘯 𝘷. 𝘔/𝘴 𝘌𝘊𝘐 𝘚𝘗𝘐𝘊 𝘚𝘔𝘖 𝘔𝘊𝘔𝘓 (𝘑𝘝) 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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