Non-Consideration Of SC Judgment Amounts To Patent Illegality': Calcutta High Court Sets Aside Award On Grounds Of Unilateral Appointment

The Calcutta High Court has set aside an arbitral award, finding it to be legally untenable due to patent illegality. The court noted that the arbitrator had disregarded binding precedents set by the Supreme Court of India and had been unilaterally appointed, which raised serious concerns about the fairness and impartiality of the arbitration process. This ruling underscores the importance of arbitrators adhering to established legal principles and ensuring that their appointment and conduct of proceedings are in accordance with the principles of fairness and due process, failing which the award may be subject to judicial intervention and being vacated.