Topic

Impartiality in Arbitration

3 articlesLatest May 2026
Section 12(5) Arbitration Act | Unilateral Appointment of Sole Arbitrator Void Ab Initio; 2015 Amendments Retrospective : Karnataka HC
Case Law Analysis
|Karnataka High Court

Section 12(5) Arbitration Act | Unilateral Appointment of Sole Arbitrator Void Ab Initio; 2015 Amendments Retrospective : Karnataka HC

Karnataka High Court rules that unilateral appointment of a sole arbitrator by an interested party violates Section 12(5) of the Arbitration and Conciliation Act, rendering the arbitral award void. The judgment confirms the retrospective application of the 2015 amendments to agreements executed post-23.10.2015, reinforcing impartiality in commercial arbitration.

Section 11 Arbitration Act | Court May Appoint Independent Arbitrator When Contractual Appointing Authority Is Disqualified Under Section 12(5) for Institutional Bias : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 11 Arbitration Act | Court May Appoint Independent Arbitrator When Contractual Appointing Authority Is Disqualified Under Section 12(5) for Institutional Bias : Punjab & Haryana HC

The Punjab & Haryana High Court affirmed that contractual designation of an arbitrator does not override statutory disqualification under Section 12(5) when the appointing authority has institutional bias. This reinforces that impartiality in arbitration is non-negotiable, and courts must step in to ensure fair proceedings even when parties have pre-agreed appointment mechanisms.