Arbitration and Its Importance in India

The use of Arbitration proceedings as a tool for alternate dispute resolution has witnessed a rise over the years, and the same can be determined through the emergence of Online Dispute Resolution during the COVID-19 wave, though its future application still remains in question. There are several concerns that arise to either a party or a judicial forum while transferring or proceeding with a case through arbitration; however, the sole purpose of arbitration and its outcome merely depends upon the Arbitrator. It is the Arbitrator upon whose shoulders the finality and the satisfaction of the parties and the court is reliant; therefore, for him to be professional is of utmost importance. While being professional, the fact that the Arbitrator needs to act neutral while being impartial and independent is a concern that comes into existence. This paper deals with the importance of the independence and impartiality of an Arbitrator and how this factor acts as a sole player in determining an outcome of a case. Further, the paper deals with the legislations, National and International Rules, Regulations and Guidelines that cite the importance of the same within themselves, along with a set of court pronouncements. Furthermore, the factors that may either determine or affect the behaviour of an Arbitrator while being independent and impartial through the worldview are also dealt with in this paper.