The Supreme Court Ruling on Unilateral Arbitrator Appointment: A Step Forward for Institutional Arbitration

The Supreme Court Ruling on Unilateral Arbitrator Appointment: A Step Forward for Institutional Arbitration

In a landmark decision, a 5-Judge Constitution Bench of the Supreme Court of India declared the unilateral appointment of arbitrators as a violation of the principles of fairness, impartiality, and equality in arbitration. This pivotal judgment, delivered in Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV), reinforced…
Enforceability of Interim Reliefs Granted by Arbitral Tribunals: A Legal Analysis

Enforceability of Interim Reliefs Granted by Arbitral Tribunals: A Legal Analysis

Introduction Section 17 of the Arbitration and Conciliation Act, 1996 (The “Act”), plays a pivotal role in strengthening the independent functionality of the arbitration ecosystem in India. The provision empowers the arbitral tribunal to issue interim measures, ensuring the preservation of subject matter, procedural adherence, and effective enforcement of arbitral…
Feedback & Ratings for Dispute Resolution Professionals: Enhancing Dispute Resolution Excellence

Feedback & Ratings for Dispute Resolution Professionals: Enhancing Dispute Resolution Excellence

Arbitrators & Conciliators or Dispute Resolution Professionals (DRPs) are the backbone of the dispute resolution sector, especially in the newly emerging Online Dispute Resolution (ODR) space. The ODR industry is characterised by high levels of transparency and efficiency in dispute resolution and DRPs are expected to demonstrate several skillsets to…
Arbitral Award passed by Unilaterally Appointed Arbitrator cannot be Challenged later if Previously Uncontested – Delhi High Court

Arbitral Award passed by Unilaterally Appointed Arbitrator cannot be Challenged later if Previously Uncontested – Delhi High Court

Introduction The Delhi High Court, in the case of Arjun Mall Retail Holdings Pvt Ltd v. Gunocen Inc [FAO (COMM) 31/2021 & CM APPL. 5051/2021] [Arjun Mall Case], held that if any party fails to challenge the unilateral appointment of the arbitrator(s) at an earlier stage, then such party cannot challenge the…
Non-Signatories in Arbitration Agreements | Supreme Court’s recent take on Group of Companies Doctrine

Non-Signatories in Arbitration Agreements | Supreme Court’s recent take on Group of Companies Doctrine

Introduction On December 6, 2023, a five-judge bench (Constitution Bench) of the Supreme Court, in the case Cox & Kings Ltd. v. SAP India Pvt. Ltd., (ARBIT. PETITION № 38/2020) (Cox & Kings Case) held that an arbitration agreement can bind non-signatories and acknowledged the incorporation of the Group of Companies Doctrine…
Supreme Court’s Landmark Judgment on Constitutionality of Arbitration Agreement

Supreme Court’s Landmark Judgment on Constitutionality of Arbitration Agreement

Introduction In a landmark judgment of Lombardi Engineering Ltd v. State of Uttarakhand, the Supreme Court held that an arbitration agreement clause, inconsistent with the Constitution of India, cannot be enforced. The Bench comprising of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra deliberated on an application submitted…
UNCTAD Report on ODR and Consumer Disputes

UNCTAD Report on ODR and Consumer Disputes

Introduction The UNCTAD recently came up with a report titled ‘Technology and the Future of Online Dispute Resolution Platforms for Consumer Protection Agencies (UNCTAD/TCS/DITC/INF/2023/5).’ The report not only explores the impact of technology on the future of ODR platforms, particularly in relation to consumer protection agencies, but also highlights how the…
Is India ‘ODR Mechanism’ ready?

Is India ‘ODR Mechanism’ ready?

Online Dispute Resolution (ODR) is a promising avenue! It represents the future. However, one may doubt about its effectiveness and acceptability in Indian laws. Do you share this concern? Fear not, we can put your doubts to rest. Firstly, ODR goes beyond mere technological integration, such as setting up hearings…