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
contract, arbitrator was not appointed.
Firstly arbitrator is required to be appointed as contract
After award by the arbitrator, aggrieved party was expected
to challenge ... impartial arbitrator. No authority was
cited by learned counsel for the applicant that without
appointment of arbitrator as per agreement, impartial
arbitrator
likely
to secure the appointment of an
independent and impartial
arbitrator.
...... ..... ..... ...... ...... ...... .......
12. Grounds for challenge.-- (1) When a person is
approached in connection with ... give rise to justifiable doubts
as to the independence or impartiality
of an arbitrator.
Explanation 2.-- The disclosure shall be made
by such person
Arbitrator with an additional
power to appoint any other person as an Arbitrator and second, where the
Managing Director is not to act as Arbitrator ... impartiality and integrity or violation of Section 12(5) . In the instant case,
neither there is doubt as to integrity or impartiality of the Arbitrator
Shri S.D. Jain, and for appointment of another independent impartial arbitrator by way of substitution.
2. The case set up by M/s Manasvi ... respondent No. 2 and for appointment of another independent and impartial arbitrator in his place. In his written statement, respondent No. 2 has stated that
authority of the Arbitrator and for appointment of some other impartial Arbitrator for decision of the dispute between the parties on the pleas that under
Gupta as Arbitrator, which is impugned before us in this revision the prayer was for revocation of removal of Arbitrator and appointment of an independent ... ended. Specific prayer was made for appointment of an independent and impartial Arbitrator. This application was contested by the Union of India, but was ultimately
party who felt any apprehension with regard to the impartiality of the Arbitrator or had any doubts or had any challenge to his appointment ... shall appoint one arbitrator and the two appointed arbitrators shall appoint the third arbitrator who shall act as the Presiding arbitrator. If the procedure
arbitrator and there is no use of prolonging the arbitration proceedings before the said arbitrator who is not impartial and whose action is tainted with ... arbitrator by this Court, the impugned order passed by the arbitrator has fortified the likelihood of bias as in the order, the arbitrator has stated
position of the Speaker in the House is that of an impartial arbitrator. He has the duty to enforce the observance of all rules ... position and should be occupied always by men of outstanding ability and impartiality".
14. A person holding such high office has been entrusted with
