K. Venkateswarlu vs State Of A.P. And Anr. on 23 April, 2003
17. The learned Government Pleader for Arbitration seeks to place reliance upon a Full Bench Judgment of this Court in Government of Andhra Pradesh v. N.V. Chowdhary referred to supra. It is axiomatic that that case was dealt with under the provisions of Old Act. The Full Bench was of the view that where the arbitration clause prescribes a panel of three arbitrators and where the panel of arbitrators comprises three designated officials, even if one official whose designation is not in conformity with the designation of the arbitrator as required in the panel, the panel could not be said to be vague. The Full Bench further held that even if the panel was held to be vague, the Court should refer the dispute to a panel of incumbents satisfying the designations mentioned in the agreement and not to a sole arbitrator and that too a non-official and technically unqualified arbitrator. The Court was of the further view that merely because the panel consists of designated officials they cannot be treated as biased by virtue of their office in favour of the State unless bias is pleaded and proved by the party.