• Dr Vikrant Sopan Yadav

In international arbitration, arbitrators are under duty to ensure that, parties to arbitration will legitimately exercise their procedural rights and will not act in unreasonable manner. Unfair arbitral process results in challenge to the arbitral award, ultimately rendering the award unenforceable and arbitration a futile exercise. This has forced the tribunals to be over cautious, which often end up in ‘due process paranoia.’ Hence, it is important to understand and observe the ‘Due Process’ in any arbitral process. This research paper is an attempt to analyze the concept of due process in arbitration and judicial response to it by various judicial forums across the world. This paper also analyzes ‘due process paranoia’ that often results in arbitrators succumbing to unreasonable demands of the parties and the decision of Singapore Court of Appeal in matter of ‘China Machine…’ guiding in avoiding such paranoia. Author has also discussed the challenge of ensuring due process in virtual arbitration.

Due process, Arbitration, Judiciary, Tribunal, Model Law

"JUDICIAL TREND ON DUE PROCESS IN ARBITRAL PROCEEDINGS: A COMPARATIVE OVERVIEW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 4, page no.g555-g560, April-2022, Available :http://www.jetir.org/papers/JETIR2204680.pdf

"JUDICIAL TREND ON DUE PROCESS IN ARBITRAL PROCEEDINGS: A COMPARATIVE OVERVIEW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 4, page no. ppg555-g560, April-2022, Available at : http://www.jetir.org/papers/JETIR2204680.pdf