Understanding the Equality of Parties in Arbitration: A Case Comment on International Seaport Dredging Private Limited v Kamarajar Port Limited

Authors

Sahana Ramesh, National Law School of India University, BengaluruFollow

Abstract

While the Supreme Court of India has emphasised the equality of arbitrating parties in several decisions, the court often had to use various tools to assert this. It is a question of policy as to whether statutory undertakings—that perform public functions by entering commercial transactions—must be given preferential treatment in certain aspects of the dispute settlement process, including when they choose to challenge an arbitral award. This case comment considers the decision of the Supreme Court of India in International Seaport Dredging Private Limited v Kamarajar Port Limited to highlight the nuances involved in the court’s conclusion that all parties, including statutory undertakings, in a commercial transaction are equal and ought to be subject to the same rules during the dispute resolution process. More specifically, the case comment explores the rationale adopted by the court and explains the importance of this case in the larger context of arbitration in India, even while suggesting an alternative approach that could have been adopted by the court by resorting to Article 14 of the Constitution of India.

Recommended Citation

Ramesh, Sahana (2024) "Understanding the Equality of Parties in Arbitration: A Case Comment on International Seaport Dredging Private Limited v Kamarajar Port Limited," National Law School Journal: Vol. 18: Iss. 2, Article 2.
DOI: https://doi.org/10.55496/HTSB3255
Available at: https://repository.nls.ac.in/nlsj/vol18/iss2/2

Digital Object Identifier (DOI)

https://doi.org/10.55496/HTSB3255