Legality Of Unilateral Appointment Of Arbitrator

Arbitration as a private mode of dispute resolution is known for the fundamental principle of party autonomy which provides parties the flexibility to choose the law and procedure for adjudication of their disputes. Party autonomy also allows parties to decide the arbitrator(s), however, independence and impartiality of arbitrator is of paramount importance. The Arbitration and Conciliation Act, 1996 ("Act") under section 12, 13, 14, 5th and 7th Schedule reflects the importance of the independence and impartiality of arbitrators. It is perceived that arbitrator being appointed by the party may act in a manner which suits interest of the party appointing them, therefore, to have a level playing field and balance the integrity of the process, the independence and impartiality of arbitrators are considered to be of paramount importance. Moreover, one of the principles of natural justice i.e. nemo judex in causa sua which also supplements the scrutiny for independence and