JeetoBharat
All current affairs

Supreme Court on Arbitrator Appointments: Upholding Impartiality and the Principle of 'Nemo Judex in Causa Sua'

GS2GS4

The Supreme Court has reaffirmed that individuals ineligible to serve as arbitrators due to conflicts of interest are also barred from appointing others to the role. This ruling strengthens the ethical framework of Alternative Dispute Resolution (ADR) by ensuring that the stream of justice remains untainted by bias.

The Supreme Court of India has recently reinforced a critical safeguard in the realm of Alternative Dispute Resolution (ADR) by ruling that an individual who is legally ineligible to serve as an arbitrator cannot indirectly appoint another person to that position. This decision stems from the interpretation of the Arbitration and Conciliation Act, 1996, specifically focusing on the neutrality and impartiality required in quasi-judicial proceedings. The core of the ruling lies in the foundational legal and ethical principle of 'nemo judex in causa sua'—the doctrine that no one should be a judge in their own cause. The Court observed that if a person has a conflict of interest that disqualifies them under the Seventh Schedule of the Act, that disqualification extends to their power to nominate an arbitrator. Allowing such an appointment would essentially permit a party to influence the dispute resolution process through a proxy, thereby undermining the very essence of independent adjudication.

Continue reading — free with login

JeetoBharat publishes daily UPSC current affairs mapped to the Mains syllabus. Log in to read full articles.

Log in to read full article

No credit card required. Free registered users get unlimited access.

This article was curated using AI. While we strive for accuracy, please verify critical facts from official sources.