END OF THE ROAD FOR ARBITRATION CLAUSES PROVIDING FOR UNILATERAL APPOINTMENT OF SOLE ARBITRATOR

Published On: 16/01/2020

Practice Area: Dispute Resolution

Authors:

Lomesh Kiran Nidumuri
On a rigid reading of Perkins Eastman Architects DPC & Anr v. HSCC (India) Ltd, arbitration clauses that give the right to one party to appoint a sole arbitrator, would no longer be valid. However, in certain other instances, the courts have respected party autonomy in determining the procedure for appointment of an arbitrator. In order to fully understand the controversy, INDUSLAW’s Lomesh Kiran Nidumuri and Sushal Tiwari examine the law on this aspect.