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Showing posts with the label Public-Private Contracts and Constitutional Rights

Supreme Court Declares Unilateral Appointment of Arbitrators in Public-Private Contracts Unconstitutional

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Supreme Court Declares Unilateral Appointment of Arbitrators in Public-Private Contracts Unconstitutional The Supreme Court has delivered a landmark ruling declaring that the unilateral appointment of arbitrators in public-private contracts violates Article 14 of the Indian Constitution . This decision fundamentally redefines how arbitrators are appointed in such contracts, emphasizing fairness and impartiality throughout arbitration processes. Key Findings of the Judgment The judgment, delivered by a Constitution Bench led by Chief Justice DY Chandrachud , along with Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, addressed critical questions on the principles of equality and independence in arbitration. While the Bench was united in its views on the unconstitutionality of unilateral appointments, the judges penned separate opinions to address specific facets of the case. The Issue of Unilateral Arbitrator Appointments Chief Justice Chandrachud, writing the majo...