even
statutory provision aims at for appointment of an
independent and impartial Arbitrator.
6. To bring home his submissions, applicant has placed ... likely to secure the
appointment of an independent and impartial arbitrator. In
:: 7 ::
A.C. Nos.48/14, 53/14 & 54/14
Northern Railway
professional relation with the sole
arbitrator and, therefore, the sole arbitrator is ineligible to act as
Arbitrator in view of the provisions of Section ... circumstances when the named Arbitrator is
de jure ineligible to continue as the arbitrator, the proceedings
undertaken by the arbitrator are void ab initio
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
case will
have to be constituted and an independent and impartial Arbitrator should
be appointed in terms of Section 11 of the Act to resolve ... sole arbitrator. Further in the
absence of any material to show that arbitrator had not acted independently
or impartially, there could not be a presumption
likely to secure the appointment of an
independent and impartial arbitrator."
A Three Judge Bench of the Supreme Court
while taking into account ... agreement.
Secondly, to secure the appointment of an
independent and impartial arbitrator, it is
rather necessary that some one other
than an off icer
likely to secure the
appointment of an independent and
impartial arbitrator.â
A Three Judge Bench of the Supreme Court while taking into
account ... agreement. Secondly, to secure the appointment of an
independent and impartial arbitrator, it is rather
necessary that some one other than an officer
likely to secure the appointment of an independent and impartial Arbitrator."
5. It is clear from Section 11(8) of the Act that ... likely to secure the appointment of an independent and impartial Arbitrator". It means that the Arbitrator named in the agreement should
negative the power of the Court to appoint an independent and impartial arbitrator where the
parties failed to appoint an arbitrator i n accordance with ... 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
Arbitration and Conciliation Act, 1996
the petitioner seeks appointment of an arbitrator.
Facts giving rise to filing of the application briefly stated are that ... with a view to ensure the
appointment of an independent and impartial arbitrator as laid down in
Section 11(8) of Act, I deem
respondents held that there is a doubt in respect of impartiality of the arbitrator and on the principles of natural justice, arbitral award deserves ... might have taken all due care to nominate an independent and impartial arbitrator, a party in a given case may have justifiable doubts about that
