Landmark case · Alternate Dispute Resolution · Semester 5

Perkins Eastman Architects DPC v. HSCC (India) Ltd.

(2020) 20 SCC 760 · Supreme Court of India

A person who is interested in the outcome cannot unilaterally appoint the sole arbitrator; such a clause is ineligible in spirit of section 12(5).

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Related sections:

Arbitration and Conciliation Act, 1996, 11 — Appointment of arbitrators
Arbitration and Conciliation Act, 1996, 12 — Grounds for challenge
Arbitration and Conciliation Act, 1996, Sch. V–VII — Justifiable doubts as to independence and ineligibility