Authors – Sidhartha Das Managing Associate, Astha Nigam Senior Associate
Arbitrator(s) is a private and disinterested person selected and appointed with reference to a mutually agreed procedure of appointment for friendly determination of disputes and differences. Under Section 11(2) of the Arbitration and Conciliation Act, 1996 (“the Act”) parties are free to agree on a procedure for appointment of the arbitrator(s).
However, the foundation of an agreed procedure for appointment giving exclusive right to a party to appoint arbitrator(s) of its choice without any regard to the opposite party is arbitrary and unfair. Thus, even if the unilaterally appointed arbitrator(s) has the best of the intentions, it always creates uncertainty and mistrust regarding the independence and impartiality of unilaterally appointed of arbitrator(s) under an agreed procedure for appointment.
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Contributing Advisors
Myles CulmerDirector, BDO Advisory Services