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Showing contexts for: arbitrator, impartiality in Naveen Kataria vs Jaiprakash Associates Limited on 9 August, 2019Matching Fragments
123. In this regard, the Commission observes that the clauses pertaining to arbitration and conciliation in contracts encourage alternative dispute settlement mechanism which is the need of the hour keeping in mind the backlog and pendency of cases with civil courts. The OP has, no doubt, taken a step in this regard by incorporating this clause in the contract to ensure that disputes, if any, are settled expeditiously and amicably. However, one of the facets of justice is the presence of an impartial arbitrator and the same has not been provided for by the OP. The conduct of the OP in appointing the arbitrator itself, that too the one related to the OP, and mandating that the allottees should waive the right to object to the above said appointment, is totally unfair and one sided. The OP, by doing this, is closing doors for the allottees to make use of the mechanism of alternative dispute settlement, something which is not warranted.