When Autonomy Undermines Fairness: The Section 11 Conflict in Indian Arbitration

Introduction Over the period of time of time, it has been held by the Supreme Court (“ SC ”), recently reaffirmed in the case of Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV)  and Office for Alternative Architecture v Ircon Infrastructure & Services Ltd. , that party autonomy, party equality and neutrality form the cornerstone principles of arbitration regime in India. The values have been embodied in the Arbitration and Conciliation Act, 1996 (“Act”) and...