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One of the most celebrated features of arbitration is party autonomy—the freedom of parties to determine how their disputes should be resolved, including who will resolve them. But a critical question remains unresolved in the minds of many arbitration practitioners: Can a party, after agreeing to institutional arbitration, later assert an unrestricted right to appoint an arbitrator of its own […]

Introduction  This viewpoint was initially reinforced in cases like Agarwal Coal Corporation Private Ltd vs Sun Paper Mill1 and Rajendra Mulchand Varma Director of Omkar relators & Development Pvt. Ltd vs. K.L.J Resources Ltd2, where the NCLAT maintained that without specific legislative power, it could not recall a judgment. However, a five-member bench of the NCLAT in Union Bank of […]

Introduction  Navigating the intricate landscape of judicial remedies can often feel like a complex puzzle. Imagine a litigant, after exhausting their options in one legal avenue, discovers that the correct path was a completely different one all along. Does the law offer a way to correct this procedural misstep, or does it leave them to face the consequences of their […]