arbitrator in the arbitration agreement, to appoint an
arbitrator of his choice?
(iii) Whether respondent herein had taken necessary steps
for appointment of arbitrator ... appointment of an arbitrator, a court could
appoint an independent arbitrator if there were reasonable grounds to
doubt the independence and impartiality of the named
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
give rise
to justifiable doubts as to the independence or
impartiality of an arbitrator.
7
Explanation 2- The disclosure shall be made
by such person ... nominate
another Arbitrator. However, the position would have
been different when both the parties have nominated
his Arbitrator and the third Arbitrator is required
case will
have to be constituted and an independent and impartial Arbitrator should
be appointed in terms of Section 11 of the Act to resolve ... sole arbitrator. Further in the
absence of any material to show that arbitrator had not acted independently
or impartially, there could not be a presumption
petitioners inter alia
seeking appointment of an independent and impartial Arbitrator in
accordance with Section 3G(5) and (6) of the National Highways ... present writ petitions are for appointment of an independent
and impartial Arbitrator under Section 3G(5) of the Act. He states that this
fact
hereinafter 'Dr. RCM') be terminated and an independent and
impartial arbitrator be appointed in substitution of the learned
Arbitrator.
Signature Not Verified
Digitally ... Bharat Broadband
Network Limited (BBNL) to appoint "an independent and impartial
arbitrator". The Chairman cum Managing Director had thereafter,
proceeded to appoint
give rise to
justifiable doubts as to the independence or
impartiality of an arbitrator.
11
Explanation 2.--The disclosure shall be made
by such person ... arbitrator. The first entry to the
Fifth Schedule reads as under:
"Arbitrator's relationship with the parties or
counsel
1. The arbitrator
sole arbitrator and the conduct of the sole arbitrator does raise a
cloud on his independence, neutrality and impartiality. The petitioner
has urged ... involvement of the arbitrator.
24. The arbitrator currently serves, or has served
within the past three years, as arbitrator in another
arbitration on a related
Section 12 , to secure the appointment of an
independent and impartial arbitrator; and (b) ensure that the arbitrator has the
qualifications required by the arbitration
this Court in the
aforesaid decision that independence and impartiality of the
arbitrator are the hallmarks of any arbitration proceedings.
Rule against bias ... between the parties,
notwithstanding the same nonindependence and non
impartiality of such arbitrator would render him ineligible to
conduct the arbitration. It is further
