Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
The principles of independence and impartiality of arbitral tribunals under the Arbitration and Conciliation Act 1996 were evaluated in relation to party autonomy. Unilateral appointment of sole arbitrator or curation of panel for other party's selection was examined. The majority held that equal treatment applies at appointment stage, prohibiting unilateral appointments or curated panels by one party. Such clauses in public-private contracts violate Article 14. Waiver u/s 12(5) is possible post-disputes. The ruling applies prospectively to three-member tribunals. A minority view permitted unilateral appointments if arbitrators meet eligibility criteria, limiting judicial intervention at appointment stage. The interplay between contractual autonomy and statutory duty to constitute independent tribunals was analyzed, with the latter being a non-derogable public policy under the Contract Act. Courts must scrutinize agreements to ensure compliance with this requirement while respecting party autonomy.
The principles of independence and impartiality of arbitral tribunals under the Arbitration and Conciliation Act 1996 were evaluated in relation to party autonomy. Unilateral appointment of sole arbitrator or curation of panel for other party's selection was examined. The majority held that equal treatment applies at appointment stage, prohibiting unilateral appointments or curated panels by one party. Such clauses in public-private contracts violate Article 14. Waiver u/s 12(5) is possible post-disputes. The ruling applies prospectively to three-member tribunals. A minority view permitted unilateral appointments if arbitrators meet eligibility criteria, limiting judicial intervention at appointment stage. The interplay between contractual autonomy and statutory duty to constitute independent tribunals was analyzed, with the latter being a non-derogable public policy under the Contract Act. Courts must scrutinize agreements to ensure compliance with this requirement while respecting party autonomy.
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