Share on LinkedInShare on LinkedIn

ARTICLE · 02 SEPTEMBER 2020

Parties' Autonomy To Prevail In The Appointment Of An Arbitrator

S&A Law Offices
S&A Law Offices
Contributor
S&A Law Offices

S&A Law Offices

S&A Law Offices is a full-service law firm headquartered in Delhi NCR. The firm has 300+...

View firm profile
Explore more from S&A Law Offices

The Arbitration and Conciliation Act was enacted by the legislature to ensure party autonomy in deciding the dispute adjudication process.

IndiaLitigation, Mediation & Arbitration

The Arbitration and Conciliation Act was enacted by the legislature to ensure party autonomy in deciding the dispute adjudication process. The UNCITRAL Code (Model Law and Rules) has also adopted and promulgated the theory of parties being self-sufficient by providing that parties are free to agree on the process to be followed in conducting the proceedings. In India, the arbitration process is governed by the Arbitration and Conciliation Act, 1996 (based on UNCITRAL Code) which clearly upholds parties' autonomy as the prime and fundamental aspect. The parties are free to opt for arbitration as their adjudication process and while preparing an arbitration agreement (Sec.7), parties even have the ease to agree on the process being governed by an ad hoc or an institutional arbitration, number of arbitrators (Sec.10), governing law, seat and the venue. Thus, it can be summed up that the independency in adopting or determining the process in appointing an arbitrator by the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from