likely
to secure the appointment of an independent
and impartial arbitrator..."
8. A plain reading of Section 11 [5] of the Act
would show ... other considerations necessary to
secure the appointment of an independent
and impartial arbitrator. It needs no
reiteration that appointment of the
arbitrator or arbitrators named
Arbitrator or whether the choice of the Arbitrator was consensual should make no difference to the outcome. The requirement of preserving the independence and impartiality ... impartiality of the Arbitrator. In the application that was filed before the Arbitrator the allegation of fact was that the Arbitrator had acted
likely to secure the appointment of an
independent and impartial, Arbitrator."
Section 11 reproduced above provides the procedure for appointment of Arbitrator. Under ... considerations as are likely to secure appointment of an independent and impartial Arbitrator.
17. Considering the aforesaid scheme of section 11 , it is apparent that
named arbitrator; their application was only to
appoint an arbitrator; they wanted an arbitrator, other than the
named arbitrator, to be appointed; the respondents wanted ... person as the
arbitrator, any dispute after the arbitrator has commenced arbitral
proceedings, including whether the mandate of an arbitrator stood
terminated, can only
arbitrator who acts as a Judge is bound to act Impartially. The arbitrator having a pecuniary interest shall not be a judge, as it amounts ... supply his special knowledge, but to -play the role of an impartial arbitrator without assuming the role of an advocate for the defaulting side
above mentioned
arbitration proceedings, which are underway before a sole arbitrator (the
Arbitrator) appointed with the consent of both parties. The current stage of
proceedings ... arbitrator terminates,
a substitute arbitrator shall be appointed according to the rules
that were applicable to the appointment of the arbitrator being
replaced.
(3) Unless
arbitrator and also the designated arbitrator is not independent, but interested in the respondent and thus biased against the petitioner; an impartial and independent arbitrator ... arbitrator refuses to act. The Learned Judge observed the fact that the appointed arbitrator has not yet signified his willingness to act as arbitrator does
likely to secure the appointment of an independent and impartial arbitrator. The relevant portion of the Section 11 of the said Act 1996 are quoted ... while appointing the arbitrator shall consider any qualification required of the arbitrator by the agreement of the parties. An appointment of arbitrator, who does
other considerations likely to secure the nomination of an independent and impartial arbitrator also cannot lead to the conclusion that the Chief Justice ... independent and impartial arbitrator, a party in a given case may have justifiable doubts about that arbitrator's independence or impartiality. In that event
rise to "justifiable doubts"
about the independence or impartiality of the arbitrator. If
any of those circumstances as mentioned therein exists, it
will ... impartiality. Fifth Schedule to the Act illustrates
such grounds which give rise to justifiable doubt as to the independence or
impartiality of the Arbitrator. Section
