Who Gets to Choose the Arbitrator? Delhi High Court Clarifies the Rules on Neutrality | adrEdge

In this episode of Informative Legal Insight by adrEdge, Riya Rajbhar explains the Delhi High Court’s important ruling in PTC Techno Private Limited v. Samsung India Electronics Private Limited, where the Court examined whether one party can unilaterally appoint a sole arbitrator. The Delhi High Court held that arbitrator appointments must comply with the principles of neutrality, independence, and equal treatment under the Arbitration and Conciliation Act, 1996. The Court clarified that an appointment made by an official connected to one party may violate Section 12(5) read with the Seventh Schedule, unless there is an express written waiver after disputes have arisen. This video discusses the key legal issue, the Court’s reasoning, the concept of waiver in arbitration, and why unilateral appointment clauses may no longer stand judicial scrutiny. The judgment is significant for businesses, legal professionals, in-house counsel, and contracting parties drafting arbitration clauses in commercial agreements. #ArbitrationLaw #DelhiHighCourt #PTCTechnoVsSamsung #SamsungIndia #ArbitrationAndConciliationAct #Section12ArbitrationAct #Section12_5 #SeventhSchedule #NeutralityInArbitration #UnilateralAppointment #ArbitratorAppointment #IndependentArbitrator #CommercialDisputes #DisputeResolution #ADR #AlternativeDisputeResolution #IndianLaw #LegalUpdate #LegalInsight #adrEdge We are a SaaS-based Online Dispute Resolution (ODR) platform, powered by Frugal Scientific Pvt Ltd adrEdge delivers a fully digitised, end-to-end resolution suite designed specifically for Banks, NBFCs, FinTechs, and Asset Reconstruction Companies (ARCs).