Unilateral Appointment of Arbitrator against Natural Justice | Latest Supreme Court Judgement
एक ही पार्टी नहीं कर सकती आर्बिट्रेटर को अप्पोइंट: सुप्रीम कोर्ट
In this video, the Latest Supreme Court Judgement regarding arbitration has been explained by Rahul Gupta, from Century Law Firm, Delhi in Hindi
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In arbitration, the process of appointment of an arbitrator is an important step as it can have a significant impact on the outcome of the dispute. In situations where a party appoints an arbitrator unilaterally without giving the other party an opportunity to participate in the process, it can be argued that the appointment is against the principles of natural justice.
Section 12 of the Arbitration and Conciliation Act, 1996 provides that when a person is approached to act as an arbitrator, he shall disclose any circumstances that may give rise to justifiable doubts as to his independence or impartiality. Further, if the appointment of an arbitrator is not made in accordance with the agreed procedure, a party may request the arbitral tribunal to take the necessary measure for rectification.
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