Criminal Elements In Arbitration & Arbitrator Neutrality

Justice N Kotiswar Singh, recently appointed as a Supreme Court Judge, delivered a landmark judgment in his capacity as the Chief Justice of the Jammu and Kashmir High Court. The judgment addressed a critical issue: whether disputes that are predominantly civil in nature but involve elements of criminality can be resolved through arbitration. This decision has significant implications for the field of arbitration in India, especially concerning the neutrality and impartiality required of arbitrators.

Brief Background

The case in question, M/s Tata Power Solar vs. Union Territory of Jammu & Kashmir and Others, revolves around a contractual dispute concerning the installation of Off-Grid Solar PV Power Plants in Jammu & Kashmir Panchayat Ghars. The Petitioner, Tata Power Solar, was awarded an e-tender by the Respondents, which included designing, supplying, installing, testing, and commissioning the solar power plants, alongside providing vocational training.