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
likely to secure the appointment of an independent and impartial Arbitrator.
41. But the said objection cannot now be considered by me for two reasons ... party omitting and/or failing to question the independence and impartiality of the Arbitrator under Section 13(2) within the time prescribed
other considerations that will secure the nomination of an
independent and impartial arbitrator.
19.The function has been left to the Chief Justice ... would take
due care to see that a competent, independent and impartial arbitrator is
nominated.
21. It might also be that in a given case
resigned and he continued to be an arbitrator. The Presiding Arbitrator ascertained the stand of the fifth respondent Mr.C.Kamdar. He affirmed his willingness ... Arbitrator by a party on the termination of his mandate.
15. An arbitrator is supposed to be independent and impartial. If he lacks such
agreement to
constitute an independent and impartial Arbitral Tribunal is
distinct from the objectivity and impartiality that an
arbitrator(s) must himself maintain. The foundation ... arbitrator.
44. Sub-section (2) of Section 12 states that from the appointment of the
arbitrator and throughout the arbitral proceedings, the arbitrator
must, without
arbitrator terminates, a substitute arbitrator shall
be appointed according to the rules that were applicable to the appointment of
the arbitrator being replaced.
[..]”
Analysis ... arbitrator under section 33 ,” while adding that this was “a
component of the arbitrator’s statutory duty to act fairly and impartially,” and
that
Y D Transport Company And Another vs Srei Equipment Finance Limited on 2 December, 2025
event that the two
arbitrators cannot agree upon the third Arbitrator, third Arbitrator
shall be appointed by the International Chamber of Commerce.
The place ... disclosure and the standards in respect of
independence and impartiality of an Arbitrator.
45. An analysis of the same would also deal with the applicability
Arbitrator being appointed by the two Arbitrators already appointed,
or in event that the two Arbitrators cannot agree upon the third Arbitrator,
third Arbitrator shall ... impropriety and
breach of the rules of disclosure, independence, and impartiality of the
arbitrator. He contended that the arbitral proceedings have been rendered
oppressive, vexatious
arbitrator is contrary
to the purpose of the Act. A clause allowing unilateral appointment of a sole
arbitrator gives room to doubt regarding the impartiality ... Equal treatment of parties at the stage of appointment of
an arbitrator ensures impartiality during the arbitral
proceedings. A clause that allows one party
