Offshore Infrastructures v. BPCL: Indian Supreme Court Charts A Clear Path When Arbitrator Appointment Clauses Fail

The Supreme Court of India ruled that even if the agreed appointment process in an arbitration clause is invalid, the arbitration agreement remains enforceable, and courts can appoint an arbitrator

I. Introduction

The Supreme Court of India has recently delivered an important judgment in Offshore Infrastructures Limited v. Bharat Petroleum Corporation Limited ("BPCL"), further clarifying the law on arbitrator appointments under the Arbitration and Conciliation Act, 1996 ("the Act"). This decision builds on recent precedents ending unilateral arbitrator appointments and confirms the validity of arbitration agreements even when appointment mechanisms become inoperative due to statutory changes.