Supreme Court of India · 2024-11-08
Central Organisation For Railway ... vs M/S Eci Spic Smo Mcml (Jv) A Joint Venture ...
- Citation / case number
- 2024 INSC 857
- Court
- Supreme Court of India
- Petitioner
- Central Organisation For Railway ...
- Respondent
- M/S Eci Spic Smo Mcml (Jv) A Joint Venture ...
- Author
- Pamidighantam Sri Narasimha
- Bench
- Pamidighantam Sri Narasimha
Judgment text excerpt
The Supreme Court addressed the principles underpinning the Arbitration Act, emphasizing the importance of party autonomy and the mandatory provisions therein. It held that the appointment of arbitrators must adhere to the principle of equality, as outlined in Section 18 of the Arbitration and Conciliation Act, 1996, and that unilateral appointments violate this equality clause. The Court established that the nemo judex rule and the doctrine of bias are crucial in ensuring impartiality in arbitration proceedings, thereby reinforcing the need for independence and fairness in the arbitration process.