08-11-2024
CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION vs M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY
C.A. No. 9486-9487/2019 Validity of unilateral appointment of arbitrators in public-private contract
Conclusion 56.
With these findings and observations, I summarise my conclusions as follows:
39I.
Dispute resolution through arbitration encompasses two independent yet interdependent principles: contractual freedom as party autonomy and statutory obligation as duty to constitute an independent arbitral tribunal.
II. Party autonomy in making of an arbitration agreement is an essential feature of arbitration. It commences with choosing themembers of the arbitral tribunal, extends to the procedure that would apply for its conduct, and concludes with the method by which an award could be challenged before a court. It is thus a brooding and guiding spirit of arbitration. Party autonomy is sufficiently incorporated in the Arbitration Act, along with a restraint on judicial intervention.
