independence or impartiality
of the Arbitrator, then the Arbitrator shall inform of such
circumstances.
An appointment of Arbitrator can be challenged only
if the circumstances ... arbitrator and in sync with the
Act of 1996, the prospective arbitrator shall sign a statement of
acceptance, availability, impartiality and independence in the
form
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
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
heads,
being:
(i) Arbitrator's Relationship with the parties or counsel.
(ii) Relationship of the Arbitrator to the Dispute.
(iii) Arbitrator's Direct ... case.
(v) Relationship between an Arbitrator and another
Arbitrator or counsel.
(vi) Relationship between Arbitrator and Party and others
involved in the Arbitration.
Tilak
::: Uploaded
arbitrator Mr.O.P.
Bhatia, Retired ADG (Special) CPWD, Delhi and requested the
respondent to appoint their nominee arbitrator so that the
presiding Arbitrator ... Arbitrator has become ineligible by operation of law, he
cannot nominate another person as an Arbitrator and in such a
contingency, the Arbitrator becomes ineligible
report, which specifcally focused on the
issue of "neutrality and impartiality of arbitrator", as the
likelihood of the Arbitrator, in any manner ... give rise to justifable doubts as to the independence or
impartiality of an Arbitrator.
Explanation 2.- The disclosure shall be made by such
person
never consented for arbitration,
she once again addressed a letter to the Arbitrator alleging that
invocation of arbitration by Respondent No.2 was contrary ... passed by the learned arbitrator, it is sought to be
canvassed that the Arbitrator is not a fair and impartial
Arbitrator and the proceedings which
onwards. There is also a
disclosure that the prospective Arbitrator was an
arbitrator for the Disputant Bank from 2010 till March
2020.
26 The object ... Arbitrator to carry
out the process and from the disclosure given by the
proposed arbitrator, it could be discerned whether the
Arbitrator has any direct
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 ... arbitrator nominated by the respondent
was an independent arbitrator, and at no point of time, any
objection is raised about his impartiality or independence
which give rise to justifiable doubts as
to the independence and impartiality of Arbitrator, he would
submit that by no stretch of imagination, it would ... give rise to justifiable
doubts as to the independence or impartiality of an
arbitrator.
Explanation 2 - The disclosure shall be made by such
person
