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ARTICLE · 13 JULY 2023

Appointment Of Arbitrators: Assessing The Balance Between Autonomy And Fairness

The appointment of impartial and unbiased arbitrators is the cornerstone of an arbitration process, ensuring fair resolution of disputes and requires unwavering adherence to the principles...

IndiaLitigation, Mediation & Arbitration

1. INTRODUCTION

The appointment of impartial and unbiased arbitrators is the cornerstone of an arbitration process, ensuring fair resolution of disputes and requires unwavering adherence to the principles of neutrality and impartiality. Parties have an unequivocal right to appoint the arbitrator of their choice. However, the issue of unilateral appointment of arbitrators has been a subject of extensive legal scrutiny. Recent developments in jurisprudence have shed light on the significance of preventing such appointments and upholding the principles of natural justice and transparency. Arbitration as a dispute resolution method mandates a neutral and impartial arbitrator to make legally binding decisions. An impartial arbitrator not only ensures a fair and just resolution for the parties involved but also strengthens public trust in the arbitration process.

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