appointing an arbitrator, other than the named arbitrator, where the arbitrator is not impartial or has failed to act, or in any other justifiable situation ... also in a case where arbitrator is named, by designation, where (i) arbitrator named is not impartial, or (ii) he lacks required qualification
impartiality of an
arbitrator is if "The arbitrator has within the past three years
been appointed as arbitrator on two or more occasions ... Arbitrator Bias", 2015
TDM 12; Sumeet Kachwaha, "The Rule Against Bias and the
Jurisprudence of Arbitrator's Independence and Impartiality
impartial and independent arbitrator by changing the
named arbitrator and, thereafter on 27.3.2015, the Superintending Engineer,
i.e. the named arbitrator had sought to proceed ... appoint a
person other than named arbitrator where facts indicate that named arbitrator
is not likely to be impartial. After elaborately discussing the case
impartiality. The amended provision is enacted to
identify the “circumstances” which give rise to “justifiable
doubts” about the independence or impartiality of the
arbitrator ... that
once the arbitrator has become ineligible by operation of
law, he cannot nominate another as an arbitrator. The
14
arbitrator becomes ineligible
procedure for appointing an arbitrator in an arbitration with a sole arbitrator and the parties fail to agree on an arbitrator within thirty days from ... independent and impartial arbitrator, a party in a given case may have justifiable doubts about that arbitrator's independence or impartiality. In that event
parties.
16. The arbitrator has previous involvement in the case.
Arbitrator’s direct or indirect interest in the dispute.
17. The arbitrator holds shares, either ... arbitrator has a
significant financial interest in the outcome of the dispute.
19. The arbitrator or a close family member of the
arbitrator
reiterating the need for an independent and impartial
Arbitrator.
VII That in furtherance of the aforementioned spirit as
reiterated by the Hon’ble Courts ... allegedly appointed arbitrator would
both in law and fact be unable to perform his functions as an
Arbitrator in an independent or impartial manner
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
Sole Arbitrator) and appointment of an independent and impartial arbitrator in his place. Since, most of the facts and contentions are common to both ... give rise to justifiable doubts as to his independence and impartiality?. An Arbitrator may be challenged only on limited grounds i.e. if circumstances exist
Apex Court, the Qualifications of Arbitrator, Independence of Arbitrator, Impartiality of the Arbitrator or the dispute as to the existence of enforceable Arbitration Agreement, Jurisdiction ... Apex Court that the dispute as to the Qualification of Arbitrator, Independence of Arbitrator, Impartiality of the Arbitrator or the dispute as to the existence
