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ARTICLE · 11 DECEMBER 2024

Dispute Resolution & ADR Newsletter - December 2024

Fox & Mandal
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The December 2024 edition of Fox & Mandal's Dispute Resolution & ADR newsletter examines the validity of appointment of arbitrators nominated from a unilaterally curated panel, whether a Successful Resolution Applicant can adjust a performance bank guarantee against the payment required to be made under an approved Resolution Plan, reliance on CPC for determining the seat of arbitration when the agreement is silent, and other recent decisions of the Supreme Court and various High Courts.

IndiaLitigation, Mediation & Arbitration
Kunal Vajani
Kunal Vajani
Kunal Mimani
Kunal Mimani
Prashant Alai
Prashant Alai
Abhinav Jain
Abhinav Jain
Akshay Luthra
Akshay Luthra
Tanish Arora
Tanish Arora
Ashutosh Gupta
Ashutosh Gupta
Kartikey Bhatt
Kartikey Bhatt
Shubhang Tandon
Shubhang Tandon
+3 more
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Dispute Resolution & ADR Newsletter - December 2024

Appointment of an arbitrator from a unilaterally curated panel

Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV)

Supreme Court of India | November 8, 2024 2024

SCC OnLine SC 3219

The Supreme Court of India held that a party to an arbitration cannot be compelled to nominate its arbitrators from a panel unilaterally curated by the other party. The Court affirmed that the principles of equal treatment of parties apply at all stages of arbitrations (including the stage of appointment of arbitrators) and includes the necessity to maintain equity and fairness in the arbitral process by ensuring neutrality (independence and impartiality) of the arbitral tribunal to eliminate the element of bias. This judgment strikes a fine balance between party autonomy and principles of natural justice to prevent miscarriage of justice, particularly in one-sided contractual relationships between the

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