Unilateral Appointment Clauses - A Tussle Between Party Autonomy And Independence And Impartiality Of Arbitrator
Mr. Kamal Kishor, National Law University, Nagpur (2017-2022)
ABSTRACT
Natural justice is describes as “fair play in action”. It is deeply rooted in the Indian Jurisprudence and is applied to both judicial and quasi–judicial proceedings. The Arbitral tribunal is also bound by this principle. The choice of arbitrators plays a crucial role. It is important for the parties to have faith in the adjudication authorities and for this it is necessary that possibility of bias is removed. Independence and impartiality of the arbitrator are hence given utmost importance while constituting the tribunal. It is the one fundamental principle of International arbitration. On the other hand party autonomy is one of essential feature of arbitration. The parties are free to determine the modalities and technicalities of adjudication of dispute and this makes them choose arbitration over regular court proceedings.
When it comes to unilateral option clauses these principles are at cross roads. The courts through its various judgments have determined the fate of such clauses and established that principle of independence ad impartiality is not compromised at any cost. This paper does an in depth study of the various judgments of the apex court with reference to these hybrid clauses and critically analyzes the stance taken by the court.
Comments