Unilateral Appointment Of Arbitrator And Self-Determined Jurisdiction: A Harmonious Reading Of Statutes

I. Introduction

The Arbitration and Conciliation Act, 1996 (Act) embodies the principles of party autonomy, minimal judicial intervention, flexibility and quick resolution. However, the Act lacks a specific provision to address practical challenges arising from biased jurisdictional decisions of an arbitrator on its own jurisdiction. The High Courts entertain appeals against such orders, albeit in exceptional circumstances. This article explores whether the appointment of an Arbitrator, who appears to be prima facie biased but upholds his own jurisdiction, would be considered as a case with exceptional circumstance. The article also assesses the extent to which courts have shown proactiveness in entertaining appeals in such situations.