learned Sole Arbitrator
in this matter. After appointment, notice was issued by the learned
Arbitrator, dated 25/11/2014, indicating about the impartiality ... appointment of
arbitrator. Arbitrator has made a disclosure that no circumstance what so
ever existed as to his independence or impartiality at the time
furnished and the demand for referring the matter to
an impartial and independent Arbitrator was sought
for. As there was no reply or response from ... calling upon
the respondent to appoint an impartial and
independent Arbitrator, no steps have been taken by
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furnished and the demand for referring the matter to
an impartial and independent Arbitrator was sought
for. As there was no reply or response from ... calling upon
the respondent to appoint an impartial and
independent Arbitrator, no steps have been taken by
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nominated by the company cannot proceed
and an independent and impartial Arbitrator should be
appointed.
Be it as it may be, the fact remains that ... however be a
justifiable apprehension about the
independence or impartiality of an
employee arbitrator, if such person
Patna High Court REQ. CASE
Arbitrator was required to be made to the General
Manager, but the request of the petitioner for appointment of an Arbitrator
has been forwarded ... contend that this Court is competent to appoint an independent and
impartial Arbitrator in view of the conduct of the respondent in not
appointing
parties to the named arbitrator or named Arbitral Tribunal. Ignoring the named arbitrator/Arbitral Tribunal and nominating an independent arbitrator shall be the exception ... acquires the right to refer the dispute to an independent and impartial Arbitrator keeping in view the qualifications of the Arbitrator, if any, contained
arbitration agreement. But where the
independence and impartiality of the Arbitrator/s
appointed/nominated in terms of the arbitration agreement
is in doubt, or where ... impartial or is non-functional. When the petitioner
had raised a doubt about the impartiality of Mr. Attri who was
appointed as an Arbitrator
appoint one arbitrator, and the two
appointed arbitrators shall appoint
the presiding arbitrator, and-(a) a
party fails to appoint an arbitrator
within thirty days ... likely to secure the appointment of
an independent and impartial
arbitrator; and
(iii) in the case of appointment of
a sole or presiding arbitrator
likely to secure the appointment of an independent and impartial Arbitrator".
It may be at once noted here that there is no mention ... reasons, I have no hesitation to hold that an independent and impartial Arbitrator has to be appointed as a sole Arbitrator in this case
facts and circumstances of the case, fair and impartial decision from the arbitrator named in the agreement is not expected.
8. In support of first ... broken which can be only done by the appointment of an impartial arbitrator. This may not be technically or strictly in tune with the provisions
