Kluwer: From Bias to Balance: Indian Supreme Court’s Stand on Unilateral Arbitrator Appointments

By Anjali Anchayil (JSA, Advocates & Solicitors) and Aiman Singh Kler

A five-judge Bench (“Constitution Bench”) of the Supreme Court of India (“SC”) recently delivered a landmark judgment in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV) (“CORE-II”), on the validity of unilateral appointment clauses. The SC held that such clauses cast justifiable doubts on the independence and impartiality of arbitral tribunals.  The judgment addresses various...