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Stuck in Time and Law: Arbitral Appointments and the Post-CORE Conundrum in India

23 Aug 2023

By: Payel Chatterjee (Partner) and , Shuchita Choudhry (Senior Associate), Bharatt Goel (Associate)

This piece was originally published on the Kluwer Arbitration Blog.

The question of the validity of unilateral arbitral appointments in the Indian scenario has risen above the surface yet again. The Delhi High Court recently, in Margo Networks Pvt. Ltd. and Another v Railtel Corporation of India Ltd (“Margo”), reiterated the conflict in the existing legal position and the need for finality on this issue. The Kluwer Arbitration Blog has adequately traced the genesis of the legal controversy till 2021 in its previous articles (available here and here ).

While the current piece inherits this descriptive ambition and briefly revisits the origins of the issue at hand, it probes how the legal uncertainty has unfolded lately and analyses the urgency for clarity on unilateral arbitral appointments, the power of ineligible persons to appoint arbitrators, and finally its impact on independence and impartiality in arbitral proceedings. All these issues are currently being deliberated by the Centre-appointed Expert Committee.

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