Photo of Maitrayi Jain

Associate in the Dispute Resolution Practice at the Mumbai office of Cyril Amarchand Mangaldas. Maitrayi advises on civil and commercial disputes. She can be reached at maitrayi.jain@cyrilshroff.com

SC refuses unilateral appointment of single arbitrator

Arbitration is a method of alternate dispute resolution wherein a third party is appointed for adjudication of disputes between the concerned parties. In such a scenario, preserving the sanctity of the judicial process becomes imperative. As arbitration requires adjudication on rights of the parties involved, principles of natural justice play a critical role in avoiding any potential risk of miscarriage of justice. The first principle of natural justice is ‘nemo judex in causa sua’, which means ‘no man can be a judge in his own cause’. This principle intends to avoid any ‘reasonable apprehension of bias’ that may arise during any judicial process.
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