railway contract
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Bombay High Court refuses to appoint arbitrator for railway contract disputes exceeding 20% cap — “Party autonomy permits selective arbitrability; court cannot compel arbitration beyond agreed threshold,” Section 11 application dismissed

Court’s decision The Bombay High Court, exercising its Ordinary Original Civil Jurisdiction, has dismissed a Commercial Arbitration Application seeking appointment of an arbitrator in a dispute arising out of a…
February 1, 2026
Kerala High Court declares that “an arbitration clause giving exclusive power to one party to appoint the arbitrator is legally invalid” — Court holds that unilateral appointment clauses violate neutrality and reinforces judicial duty to ensure fair arbitral processes
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Kerala High Court declares that “an arbitration clause giving exclusive power to one party to appoint the arbitrator is legally invalid” — Court holds that unilateral appointment clauses violate neutrality and reinforces judicial duty to ensure fair arbitral processes

Court's decision The Kerala High Court held that an arbitration agreement that empowers only one contracting party to appoint the arbitrator is unenforceable as it violates the fundamental requirement of…
November 12, 2025