Arbitration is becoming a favored dispute resolution process in
the infrastructure sector owing to the complexities of construction
disputes. The challenges faced during construction disputes include
high stakes of the infrastructure project, involvement of multiple
parties, calculation of the quantum of damages, review and analysis
of a large volume of data at the time of the dispute, and
requirement of technical experts. These factors make arbitrations
in the construction sector more demanding. With this background, we
would like to highlight some important judgments of the Supreme
Court of India that are shaping the arbitration regime in the
construction sector.
- Person ineligible to be
appointed as an Arbitrator cannot nominate an Arbitrator –
this decision to have retrospective effect
