Unilateral Appointments – Two steps forward and one step backwards

Payal Chawla & Hina Shaheen This article was first published in Bar and Bench on : 27 Dec, 2019 , 11:17 am In TRF Limited v. Energo Engineering Projects Ltd. [(2017) 8 SCC 377], a three-judge bench of the Supreme Court had, to our mind, decisively ruled against unilateral appointments of arbitrators. However, the Delhi High Court had… Continue reading Unilateral Appointments – Two steps forward and one step backwards

The validity of Mandatory Arbitration Clauses in unequal Contracting Relationships

Payal Chawla This article was first published in Bar and Bench on 25 Nov, 2019, 10:10 am The validity of unilateral arbitration clauses remains a vexed issue worldwide and is the subject of nigh ubiquitous jurisprudential discourse. Jurisdictions such as the United Kingdom, United States, and Singapore generally uphold unilateral clauses with certain riders. Indian… Continue reading The validity of Mandatory Arbitration Clauses in unequal Contracting Relationships

Unilateral Appointment of an Arbitrator – A Point of View

Payal Chawla and Hina Shaheen The appointment of an arbitrator by one party to an arbitration agreement has been a vexed issue. The pre-amended Arbitration & Conciliation Act, 1996 (“Act”) permitted such appointments, with certain limited exceptions. That these unilateral appointments have been the cause of much angst and litigation is not in dispute. The… Continue reading Unilateral Appointment of an Arbitrator – A Point of View