Arbitrator,
whereas the partisan approach of the Arbitrator may become
evident during the arbitration proceedings. Thus, an arbitrator
may be independent and yet lack impartiality ... lack impartiality or vice versa.
The most pertinent observation from the Law Report
read as below:-
"22 Independence and impartiality of the arbitrator
parties.
16. The arbitrator has previous involvement in the case.
Arbitrator’s direct or indirect interest in the dispute.
17. The arbitrator holds shares, either ... arbitrator has a
significant financial interest in the outcome of the dispute.
19. The arbitrator or a close family member of the
arbitrator
giving rise to justifiable doubts as to his integrity or
impartiality, the learned arbitrator was not bound to make any
disclosure under section ... learned arbitrator
nominated by the respondent and thus he was disqualified to act as an
arbitrator. He submits that independent and impartiality is hallmark
agreement and called upon the second respondent to appoint independent and
impartial arbitrator. The said letter was received by respondent ... agreement calling upon respondent No.2 to appoint an independent and
impartial arbitrator. On 30th January 2003, respondent No.2 appointed
agreement and called upon the second respondent to appoint independent and
impartial arbitrator. The said letter was received by respondent ... agreement calling upon respondent No.2 to appoint an independent and
impartial arbitrator. On 30th January 2003, respondent No.2 appointed
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 ... likely to secure the appointment of an
independent and impartial arbitrator.
12. A bare reading of the scheme of Section 11 shows
that the emphasis
agreement and called upon the second respondent to appoint independent and
impartial arbitrator. The said letter was received by respondent ... agreement calling upon respondent No.2 to appoint an independent and
impartial arbitrator. On 30th January 2003, respondent No.2 appointed
agreement and called upon the second respondent to appoint independent and
impartial arbitrator. The said letter was received by respondent ... agreement calling upon respondent No.2 to appoint an independent and
impartial arbitrator. On 30th January 2003, respondent No.2 appointed
agreement and called upon the second respondent to appoint independent and
impartial arbitrator. The said letter was received by respondent ... agreement calling upon respondent No.2 to appoint an independent and
impartial arbitrator. On 30th January 2003, respondent No.2 appointed
arbitrator. In my opinion, Article 33.6 virtually leaves it to the
Chief Justice of India to appoint the third arbitrator who would be
neutral, impartial ... impartial
arbitrator and, in the case of a sole or third arbitrator, shall
take into account as well the advisability of appointing an
arbitrator
