Unilateral Appointment Of Arbitrators In India: An Analysis

The clause of the unilateral appointment of an arbitrator goes fundamentally against the well-known principle of “A man cannot be appointed as a judge in his own cause”. However, many parties continue to preserve the clause of unilateral appointment in their arbitration agreements in spite of this glaring fallacy so as to render this entire arbitration process biased and coloured. 

Section 12 of the Arbitration and Conciliation Act, 1996 (“Act”) lays down provisions for the appointment of an arbitrator and conditions where the appointment may be valid or invalid. This article will delve into the practice of unilateral appointment of arbitrators in India, the internationally recognised principle of unilateral appointment of arbitrators in India and important rulings of the courts as an attempt to evade this practice.