there are no justifiable doubts as to the independence or
impartiality of the arbitrator/arbitrators, the Tribunal must then
continue the arbitral proceedings Under Section ... 2017 Page 24 of 27
"20. Independence and impartiality of the arbitrator are the
hallmarks of any arbitration proceedings. Rule against bias
that in view of the emphasis on the
independence and impartiality of an
arbitrator in the new Act and having regard
to the basic principle ... likely to
secure the appointment of an independent
and impartial arbitrator."
31. Section 12(1) requires an arbitrator,
when approached in connection with
because the spirit of
the Act is that the arbitrator be an independent and impartial
person. Keeping the spirit of this provision, the amended ... raised the plea of sole arbitrator not
being an independent and impartial arbitrator because he was in
the employment of the respondent as Finance Controller
Arbitrator was ineligible, reads thus:-
"THE SEVENTH SCHEDULE
Arbitrator's relationship with the parties or counsel
1. The arbitrator is an employee, consultant ... that the intention was to ensure that all suspicion relating to impartiality of arbitrator is totally ruled out. The main purpose for amending the provision
Antrix Corporation Ltd. vs Devas Multimedia Pvt. Ltd. on 30 May, 2018
Author: S. Ravindra
give rise to justifiable doubts as to the independence
or impartiality of an arbitrator.
Explanation 2.--The disclosure shall be made by such
person ... arbitrator may be challenged only if--
(a) circumstances exist that give rise to justifiable doubts
as to his independence or impartiality, or
(b) he does
that he was not given proper notice of
the appointment of the Arbitrator or of the Arbitral proceedings, or
otherwise was unable to present ... give
rise to justifiable doubts as to the independence or impartiality of an
arbitrator ?and as per explanation 2 ? the disclosure shall be made
nominee arbitrator from the
panel of arbitrator. The State of Haryana (petitioner) vide letter dated
08.06.2015 intimated the ICA about its nominee arbitrator ... gave rise to justifiable doubts about his independence and
impartiality to act as an arbitrator. Vide letter dated 12.10.2015, ICA asked
the petitioner to forward
find place in the proceeding of the arbitrator, but while the
arbitral proceedings were concluded the arbitrator recorded that
respondent did not send any communication ... arbitrator is acting he has
to act as impartially and the party interested for the arbitrator
cannot act in a fiduciary capacity that of arbitrator
general norms applicable to arbitrator. In sub-section (ii), you are saying that the Arbitrator must be impartial and neutral and avoid entering into
