PSUs cannot unilaterally appoint arbitrators in disputes with pvt firms: SC

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PSUs cannot unilaterally appoint arbitrators in disputes with pvt firms: SC - Business Standard

Quick Summary:

In 2017, the Supreme Court in TRF Ltd.v Energo Engineering Projects Ltd held that an ineligible person could not nominate an arbitrator, a view echoed in Perkins Eastman Architects DPC v HSCC (India) Ltd in 2020.

The ruling also stated that the principle of equal treatment of parties applies at all stages of arbitration proceedings, including the appointment of arbitrators.

However, in Central Organisation For Railway Electrification v ECL-SPIC-SMO-MCML (JV) (2020), the Supreme Court permitted an appointment by an ineligible person, citing that the facts of Energo Engineering and Perkins Eastman did not apply.