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29. It is submitted that under Article 11(2) of the Rules of Arbitration of the International Chamber of Commerce, 2021 ("ICC Rules"), every 2024 SCC OnLine Del 7540.
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(2020) 10 SCC 1.

Digitally Signed Signing Date:17.04.2026 18:53:20 prospective Arbitrator is required to submit a Statement of Acceptance, Availability, Impartiality and Independence disclosing any facts or circumstances which may give rise to doubts regarding the Arbitrator's impartiality or independence. The object of such disclosure is to ensure transparency in the arbitral process and to enable the parties to raise objections, if any, at the appropriate stage.

(i) speedy, inexpensive and fair trial by an impartial tribunal;
(ii) party autonomy; and (iii) minimum Court intervention....
38. In this context, the necessity of disclosure envisaged in subsection (1) of section 12 becomes important. Only when such a disclosure is made, that the parties can judge for themselves, if circumstances exist to give justifiable doubts as to the impartiality of an arbitrator. Upon disclosure being made any one of the following situations may arise. First is, where the parties may agree that no such circumstances giving rise to justifiable doubts as to the impartiality of the arbitrator exist or the parties may despite such circumstances existing, go ahead and appoint him as an arbitrator or in face of disagreement between the parties on this issue, one of them, as per the procedure envisaged in the arbitration clause, may proceed to appoint such a person as an arbitrator. Whatever be the fall out, it cannot be denied that disclosure of existence of any circumstance likely to give rise to justifiable doubts as to independence or impartiality of an arbitrator, would be of Digitally Signed Signing Date:17.04.2026 18:53:20 great importance. Not making any disclosure even though such circumstances exist, would render the appointment of an arbitrator without following the mandatory procedure.... This is only to suggest that if circumstances exist and disclosure is not made, appointment of an arbitrator would be wholly non est."
2. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence. The prospective arbitrator shall disclose in writing to the Secretariat any facts or circumstances which might be of such a nature as to call into question the arbitrator's independence in the eyes of the parties, as well as any circumstances that could give rise to reasonable doubts as to the arbitrator's impartiality. The Secretariat shall provide such information to the parties in writing and fix a time limit for any comments from them.

120. Needless to add, the ICC itself, in its Statement of Reasons, in the ICC challenge has characterised the circumstances as "regrettable" and expressly observed that the issue would be more appropriately examined by enforcement courts. This observation assumes significance inasmuch as it underscores that the question of Arbitrator impartiality was not inconsequential, but one warranting judicial scrutiny at the enforcement stage.