A level playing field: Supreme Court removes asymmetry in PPP contracts

Ensuring a level playing in arbitration is critical, given the rapidly expanding involvement of the private sector in the government's infrastructure programme

The Supreme Court has helped the investment environment in the country by ruling as invalid clauses allowing public-sector undertakings (PSUs) to unilaterally appoint arbitrators to resolve disputes with private contracts. A five-judge Constitution Bench led by outgoing Chief Justice of India D Y Chandrachud ruled the practice of unilateral appointment violated Article 14 of the Constitution, which guarantees equality before the law and equal protection of the law to all people within India.  The case, which had been referred to a larger Bench by a three-judge Supreme Court Bench in 2021 and dates back to 2018, concerns a dispute between