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    <title>2003 (8) TMI 381 - Supreme Court</title>
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    <description>An arbitration clause may be valid even if it does not use the word &quot;arbitration&quot;, provided it shows an intention to refer present or future disputes to a private tribunal in writing and to be bound by its decision. However, a contractual reference to a named decision-maker cannot be enforced where that person is asked to adjudicate upon his own acts or decisions. Impartiality is an essential attribute of arbitration, and the rule against a person being a judge in his own cause applies where real or apparent bias exists. In that situation, the defect goes to jurisdiction and cannot be cured by waiver or estoppel.</description>
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    <pubDate>Thu, 21 Aug 2003 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=109403</link>
      <description>An arbitration clause may be valid even if it does not use the word &quot;arbitration&quot;, provided it shows an intention to refer present or future disputes to a private tribunal in writing and to be bound by its decision. However, a contractual reference to a named decision-maker cannot be enforced where that person is asked to adjudicate upon his own acts or decisions. Impartiality is an essential attribute of arbitration, and the rule against a person being a judge in his own cause applies where real or apparent bias exists. In that situation, the defect goes to jurisdiction and cannot be cured by waiver or estoppel.</description>
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