CRITIQUING JUSTICE CHANDRACHUD’S VIEW ON UNILATERAL APPOINTMENTS IN ARBITRATION: LEGAL AND PRACTICAL CHALLENGES
Introduction The recent five-judge Constitution Bench decision in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML, led by former Chief Justice D.Y. Chandrachud, invalidating unilateral appointment clauses in arbitration agreements, marks a significant development in Indian arbitration jurisprudence. While the judgment reinforces the ideals of impartiality and equality in arbitration, its reasoning, particularly the invocation of constitutional … Read more
