Arbitration is 'Arbitrator-Centric'; Right Arbitrator Can Ease Issues of Parties: CJI Khanna

Arbitration is 'Arbitrator-Centric'; Right Arbitrator Can Ease Issues of Parties: CJI Khanna

  • Case Name: Roads and Building Department vs. Intercontinental Consultants & Techno Pvt. Ltd
  • Judge(s): Justice Sanjiv Khanna, Justice K.V. Viswanathan
  • Advocate(s): Mr. Tushar Mehta, Ms. Swati Ghildiyal

The Supreme Court emphasized selecting the right arbitrator to simplify arbitration disputes, with CJI Sanjiv Khanna calling arbitration arbitrator-centric.

Solicitor General Tushar Mehta, appearing for the Roads and Buildings Department, remarked on the government's lack of a level playing field, but the CJI disagreed, citing arbitration’s evolution as an adjudication mechanism.

The Court dismissed the Department’s challenge to a Gujarat High Court order of appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, due to mutual disagreement between the parties. 

It reiterated that unilateral arbitrator appointment clauses violate Article 14 and emphasized the principle of equal treatment throughout arbitration proceedings.

6 months ago

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