arbitrator who acts as a Judge is bound to act Impartially. The arbitrator having a pecuniary interest shall not be a judge, as it amounts ... supply his special knowledge, but to -play the role of an impartial arbitrator without assuming the role of an advocate for the defaulting side
above mentioned
arbitration proceedings, which are underway before a sole arbitrator (the
Arbitrator) appointed with the consent of both parties. The current stage of
proceedings ... arbitrator terminates,
a substitute arbitrator shall be appointed according to the rules
that were applicable to the appointment of the arbitrator being
replaced.
(3) Unless
likely to secure the appointment of an independent and impartial Arbitrator.
41. But the said objection cannot now be considered by me for two reasons ... party omitting and/or failing to question the independence and impartiality of the Arbitrator under Section 13(2) within the time prescribed
other considerations that will secure the nomination of an
independent and impartial arbitrator.
19.The function has been left to the Chief Justice ... would take
due care to see that a competent, independent and impartial arbitrator is
nominated.
21. It might also be that in a given case
resigned and he continued to be an arbitrator. The Presiding Arbitrator ascertained the stand of the fifth respondent Mr.C.Kamdar. He affirmed his willingness ... Arbitrator by a party on the termination of his mandate.
15. An arbitrator is supposed to be independent and impartial. If he lacks such
other considerations that will secure the nomination of an
independent and impartial arbitrator.
19.The function has been left to the Chief Justice ... would take
due care to see that a competent, independent and impartial arbitrator is
nominated.
21. It might also be that in a given case
give rise to
justifiable doubts as to the independence or
impartiality of an arbitrator.
Explanation 2.—The disclosure shall be
made by such person ... Arbitration Act was
the reiterate the twin features of the arbitrator - impartiality and
independence, which assumes great significance in the international
spheres. The learned Judge
Court.
2) They will discharge their duties as an independent and
impartial Arbitrator in deciding the disputes.
12. By referring the said affidavit, the learned ... further they undertake to discharge the duty as an independent and
impartial Arbitrator in deciding the dispute along with other Arbitrators.
Hence, he would submit
credentials towards impartiality
and therefore, the petitioner has got every right to express its genuine doubt
about the impartiality over the sole arbitrator. Therefore ... have
been appointed, cannot be said to be an independent and impartial Arbitrator
in view of the peculiar facts that, the said sole Arbitrator, being
appoint an independent and impartial arbitrator to hear and decide
the disputes between the petitioner and the respondent arising out of the
agreement ... hereinafter called as “the
Act”) to appoint an independent and impartial Arbitrator to adjudicate the
dispute between the petitioner and the respondent.
2. The learned
