consideration as are likely to secure the appointment of independent and impartial arbitrator. The learned Counsel submits that the Chief Justice or the person designated ... 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
gives rise
to justifiable doubts as to the independence and impartiality of the
arbitrator. The seventh schedule deals with the arbitrators relationship
with the parties ... that such an employee/arbitrator would be an independent or an
impartial arbitrator having no relationship with the respondent, and more
particularly in the spirit
Chief Justice or his designate to
appoint an independent or impartial arbitrator under Section 11(6) . On the
other hand, it has been urged ... likely to secure the appointment of an independent or impartial arbitrator
within the meaning of sub section (8). Hence, it was urged that the only
learned Arbitrator.
14. According to Gary B. Born in International
Commercial Arbitration, Third Edition, objection to an
Arbitrator's independence and impartiality should ... said Arbitrator at
an earlier point of time.
(b) Mr. R. A. Shah, learned Arbitrator enclosed his profile to his
declaration of impartiality under Section
also represented the
Arbitrator as his counsel in the suit filed by the Arbitrator ought to have been
disclosed by the Arbitrator being relevant ... party before the Arbitrator and not the mind the
Arbitrator himself. It is not necessary to impute any bias against the Arbitrator in
this regard
gives rise
to justifiable doubts as to the independence and impartiality of the
arbitrator. The seventh schedule deals with the arbitrators relationship
with the parties ... that such an employee/arbitrator would be an independent or an
impartial arbitrator having no relationship with the respondent, and more
particularly in the spirit
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
giving rise to justifiable doubts as to his integrity or
impartiality, the learned arbitrator was not bound to make any
disclosure under section ... learned arbitrator
nominated by the respondent and thus he was disqualified to act as an
arbitrator. He submits that independent and impartiality is hallmark
