Law and justice explained
Can a company alone appoint an arbitrator of its choice?
The validity of unilateral appointment must be tested against the clause, statutory neutrality requirements and binding judicial law. A company-drafted appointment power is not automatically decisive.
Written by
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur
Key points
- Can a company alone appoint an arbitrator of its choice?
- Direct answer The validity of unilateral appointment must be tested against the clause, statutory neutrality requirements and binding judicial law.
- A company-drafted appointment power is not automatically decisive.
Detailed analysis
Understanding law and procedure
Can a company alone appoint an arbitrator of its choice?
Direct answer
The validity of unilateral appointment must be tested against the clause, statutory neutrality requirements and binding judicial law. A company-drafted appointment power is not automatically decisive.
Legal position and important distinctions
Section 12(5) ineligibility and neutrality of the appointment mechanism are distinct inquiries.
Current binding judicial standards on equality in tribunal constitution require attention.
How the situation works in practice
- The mere fact of an adversarial relationship does not resolve every validity question.
- Preserve objections, participation dates and any waiver evidence.
Practical next steps
- Read the clause and appointment letter.
- Seek conflict disclosures.
- Raise the timely challenge in the appropriate forum.
Avoid this common mistake
Both blanket assertions—every unilateral pick is valid, or every one is automatically void—can misstate a fact-sensitive legal inquiry.
Official legal source and disclaimer
India Code — Arbitration and Conciliation Act, 1996
General legal information only. The result depends on the agreement, applicable amendments, dates, jurisdiction and record. This is not individual legal advice or a promise of success; verify the current law and binding decisions before publication or action.
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About the author
Advocate Amardeep Jaiswal
Advocate, High Court of Madhya Pradesh, Jabalpur।
Publishes informational articles on Indian law, judicial decisions and practical legal issues.
Editorial note: Analysis and commentary reflect the author’s understanding and opinion. Law, facts and judicial developments may change; check primary sources and your own circumstances before acting.