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Unilateral appointment of arbitrators and the requirement of express waiver under Indian arbitration law
Exploring the complexities of unilateral arbitrator appointments and the necessity for express waivers in Indian arbitration law. The decision of the High Court of Delhi in PTC Techno Pvt. Ltd. v. Samsung India Electronics Pvt. Ltd. is another significant development in Indian arbitration jurisprudence concerning the validity of unilateral appointment of arbitrators. The judgment reinforces the principles of neutrality, impartiality, and equal participation in the constitutio


The death of the closed panel: Independence in arbitrator appointments after Glock Asia-Pacific
"Exploring the Shift to Independent Arbitrator Appointments After Glock Asia-Pacific: A Discussion on the End of Closed Panels" Background In Glock Asia-Pacific Ltd. v. Union of India, (2023) 8 SCC 226, the Supreme Court addressed a common feature of government contracts in India: the arbitration clause that vests one party, typically the State or a public authority, with the exclusive right to nominate the arbitrator. The Ministry of Home Affairs had contracted with Glock As
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