Apex Court, the Qualifications of Arbitrator, Independence of Arbitrator, Impartiality of the Arbitrator or the dispute as to the existence of enforceable Arbitration Agreement, Jurisdiction ... Apex Court that the dispute as to the Qualification of Arbitrator, Independence of Arbitrator, Impartiality of the Arbitrator or the dispute as to the existence
likely to secure an appointment of an independent and impartial arbitrator. Section 12 which specifies the grounds of challenge to the appointment and continuance ... independence or impartiality. The lawmakers while casting the said duty and permitting a challenge to the independence or impartiality of an arbitrator recognized neutrality
Arbitrator refuses to appoint the Arbitrator or where
two appointed Arbitrators fail to appoint the third Arbitrator. If
the appointment of Arbitrator or any function ... Tribunal, then the Court was entitled to appoint an
independent and impartial arbitrator and to give a go-bye to the terms of the
arbitration
consideration as are likely to secure the appointment of independent and impartial arbitrator. The learned Counsel submits that the Chief Justice or the person designated ... likely to secure the appointment of an independent and impartial arbitrator.
(9) In the case of appointment of sole or third arbitrator in an international
Ariba India Private Ltd vs M/S Ispat Industries Ltd on 4 July, 2011
Author
either as your Arbitrator or as alleged sole
Arbitrator." (emphasis supplied)
32. Thereafter the Petitioner raised the question of impartiality of Mr.
Oakley ... appoint their
Arbitrator does not negate my original appointment as
sole Arbitrator. Any later agreement to allow the
Charterers to appoint an Arbitrator would
likely to secure the appointment of an independent and impartial arbitrator.
(9) In the case of appointment of sole or third arbitrator in an international ... approach the Court for seeking appointment of an independent and impartial arbitrator. Reference in this regard can be made to the judgments in the cases
gives rise
to justifiable doubts as to the independence and impartiality of the
arbitrator. The seventh schedule deals with the arbitrators relationship
with the parties ... that such an employee/arbitrator would be an independent or an
impartial arbitrator having no relationship with the respondent, and more
particularly in the spirit
arbitrator in the arbitration agreement, to appoint an
arbitrator of his choice?
(iii) Whether respondent herein had taken necessary steps
for appointment of arbitrator ... appointment of an arbitrator, a court could
appoint an independent arbitrator if there were reasonable grounds to
doubt the independence and impartiality of the named
arbitrators and includes arbitrator's
relationship with the parties or counsel, relationship of the
arbitrator to the dispute, arbitrator's direct or indirect ... arbitrator and challenge to the
appointment of an arbitrator, if circumstances exist that
give rise to justifiable doubts as to his independence or
impartiality
