therefore I have serious doubt that you
will be an impartial arbitrator in this case,
since the important facet in all Arbitration
matters is equal ... grounds that would give rise to justifiable
doubt to independence and impartiality of
arbitrator and the circumstances given in Fifth
Schedule are very exhaustive
other cosiderations that will secure the nomination of an independent and impartial
Arbitrator.
(18) There is nothing in Section 11 that requires the party other ... independent and impartial Arbitrator, a party in a given case may have justifiable doubts about that Arbitrator's independence or impartiality. In that event
likely to secure the appointment of an
independent and impartial arbitrator.
In SBP & Co. (Supra) the Hon'ble Supreme Court held that
orders ... likely to
secure of an appointment of an independent and impartial
arbitrator once a petition under Section 11 came up for
considerations. In other words
petitioner herein
seeks appointment of an independent and impartial arbitrator
for resolution of the disputes, which have arisen between the
petitioner and the principal respondent ... notice, dated 19.04.2016, its request seeking appointment of
an independent and impartial arbitrator.
3. The respondent company, through its letter, dated
16.06.2016, refused to accede
arbitrator. Further, it was contended that the relationship
of the arbitrator to the dispute rendered him ineligible for being appointed
as an arbitrator. He also ... ineligible to act as an arbitrator. Plainly, an
arbitrator who is ineligible for being appointed as an arbitrator, ipso jure
does not have the mandate
give rise to justifiable doubts as to the independence or impartiality of an arbitrator.
Explanation 2.--The disclosure shall be made by such person ... give rise to justifiable doubts as to independence and impartiality of the arbitrator. It is not the case of the Respondent that the provisions
give rise
to justifiable doubts as to the independence or
impartiality of an arbitrator.
7
Explanation 2- The disclosure shall be made
by such person ... nominate
another Arbitrator. However, the position would have
been different when both the parties have nominated
his Arbitrator and the third Arbitrator is required
that the Arbitrator and the said Director
(Finance) would, therefore, have close relationship, making the
Arbitrator ineligible to continue as an Arbitrator.
I again ... Arbitrator have to
be disclosed by the Arbitrator. He submits that in any case, even after a
request being made by the petitioner, the Arbitrator
Arbitrator nominated another Arbitrator, the
h
entire exercise will be bad in law because the basic authority
ig
who has decided to appoint the Arbitrator ... that independence and
impartiality and arbitrator are two different concepts. An
Arbitrator may be independent and yet lack impartiality or
vice versa. The Amendment
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
