Supreme court judgement on arbitration & conciliation

sr_v@user (Querist) 07 May 2025 This query is : Resolved
Is there any judgement on Arbitration & Conciliation proceedings by honourable Supreme court? Can I get a copy of the same?

Follow Query

Report Abuse

Quick Summary

This discussion addresses Supreme Court judgments concerning Arbitration and Conciliation proceedings. A key point raised is the validity of sole arbitrator appointments, with the Supreme Court ruling that unilateral appointments by one party are invalid as they violate fairness and equal treatment. While one party can initiate arbitration proceedings by serving notice, the appointment of a sole arbitrator requires mutual consent or a mechanism ensuring impartiality.

kavksatyanarayana (Expert) 07 May 2025
You can search www.sic.gov.in for the required information.

T. Kalaiselvan, Advocate (Expert) 07 May 2025
There are plenty of judgments, even yesterday also there was a judgment pronounced by supreme court, you may have to put your own efforts to locate one

P. Venu (Expert) 08 May 2025
What are the facts? What is the context?

sr_v@user (Querist) 08 May 2025
Fact is that my coullegue has received an Arbitration notice from Sole Arbitrator for which Neither Notice of invitation to Arbitration & Conciliation was provided to him nor his consent has been taken for the same. Hon. Supreme court has made judgements where consent of both the parties is mandatory to initiate Arbitration process. Only one party can't initiate such process.

T. Kalaiselvan, Advocate (Expert) 08 May 2025
According to a Supreme Court Judgement in 2019, the appointment of a sole arbitrator is not valid, in such cases., as the sole arbitrator is appointed by one party.

Dr. J C Vashista (Expert) 09 May 2025
Did your collegue / his lawyer challange appointment of arbitrator ?
How and why you are concerned about the case of your collegue ?

sr_v@user (Querist) 09 May 2025
Yes he has already challenged arbitration process by his own. And just because anyone would enquire generally, this information is being sought.

T. Kalaiselvan, Advocate (Expert) 11 May 2025
So you admit that this is a hypothetical or a query of academic interest.

sr_v@user (Querist) 12 May 2025
I understand you're trying to understand the context, but I'm finding the current line of questioning a bit unexpected and making me feel a little like I'm being interrogated. My primary goal was to get some insights on my query

Dr. J C Vashista (Expert) 13 May 2025
Similar academic interest queries were posted earlier, some of them are:

asked a query in Experts Credit card arbitration notice received
posted a new topic in forum Currency option trading position squared off by broker

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=204180

T. Kalaiselvan, Advocate (Expert) 19 May 2025
You may note that it's not mandatory for both parties to initiate arbitral proceedings. One party can initiate the process, and the other party can then participate. Arbitration proceedings generally start when one party serves a notice on the other, indicating they wish to invoke the arbitration agreement. While both parties must have agreed to arbitration in the first place (either through a contract or a later agreement), the initiation can come from one party.
The Act also includes mandatory provisions that the arbitral tribunal must follow, such as ensuring equality and full opportunity for each party to present their case.
However, a sole arbitrator cannot be unilaterally appointed by one party in arbitration proceedings. The Supreme Court of India has ruled that such clauses violate the principles of fairness and equal treatment of parties. The Supreme Court has emphasized that the appointment of a sole arbitrator requires mutual consent or a mechanism that ensures the arbitrator's independence and impartiality.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries