Topic

nullity of award

1 articleLatest March 2026
Unilateral Arbitrator Appointment Without Mutual Consent Void Under Arbitration Act, 1940 : SC
Case Law Analysis
|Supreme Court of India

Unilateral Arbitrator Appointment Without Mutual Consent Void Under Arbitration Act, 1940 : SC

Supreme Court rules that an arbitration award is null and void if the arbitrator was appointed unilaterally by one party without mutual consent, even if the other party participated in proceedings. The judgment reinforces that jurisdictional defects in arbitration agreements cannot be cured by mere participation, impacting all contracts with similar dispute resolution clauses.