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 justifiable doubts as to his independence or
impartiality, the appointment of such arbitrator may be
challenged under Sections 12(1) to 12(4) read
said learned Arbitrator, the respondent,
without consent of the petitioner, appointed one Mr. Mahesh Kumar
Gupta as the substitute arbitrator in place of Mr. Jethwani ... Pass an order/ direction thereby appointing an
independent and impartial arbitrator to adjudicate the
disputes between the parties;
c) Pass any such further order
further submits that the stipulation, in Section 11(6) , that
the arbitrator would be appointed, in the case of an ICA, by the
Supreme Court ... they are premised on the
principle that adjudication by an impartial arbitrator is an essential
element of public policy
further submits that the stipulation, in Section 11(6) , that
the arbitrator would be appointed, in the case of an ICA, by the
Supreme Court ... they are premised on the
principle that adjudication by an impartial arbitrator is an essential
element of public policy
further submits that the stipulation, in Section 11(6) , that
the arbitrator would be appointed, in the case of an ICA, by the
Supreme Court ... they are premised on the
principle that adjudication by an impartial arbitrator is an essential
element of public policy
called upon the CMD of BBNL to appoint an
independent and impartial arbitrator to arbitrate on the disputes. The
CMD of BBNL appointed ... give justifiable doubts as to his independence or
impartiality, the appointment of such arbitrator may be
challenged under Sections 12(1) to 12(4) read
Kashmir High Court) to act as a Sole Arbitrator,
who is an independent and impartial person and whose
decision shall be final and binding upon ... action is still continuing till the
time an independent and impartial arbitrator is appointed by
this Hon'ble Court."
7. Mr. Dutta also
before appointing an arbitrator,
shall seek a disclosure in writing from the prospective arbitrator in terms of sub-section (1) of Section 12 , and
have ... likely to secure the
appointment of an independent and impartial arbitrator.
Signature Not Verified Signature Not Verified
Digitally Signed By:AJIT
ARB. P. 1020/2024
that he is an independent and impartial
arbitrator, who has no relation to either of the parties.
8. This contention stands answered by the judgement ... judgements cited
hereinabove, and inability relatable to the impartiality of the arbitrator
concerned for any other reason. In the former case, the Supreme
Court
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 the
independence or impartiality of an arbitrator.
Explanation 2. - The disclosure shall be made by such person
