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Indian Oil Corp.Ltd.& Ors vs M/S Raja Transport(P) Ltd on 24 August, 2009

5. The Supreme Court in its decision in Indian Oil Corporation (supra) held that while the fact that a named arbitrator is an employee of one of the parties is not ipso facto a ground to raise a presumption of bias or partiality or lack of independence on his part, there may be a justifiable apprehension about the independence or impartiality of an employee arbitrator, if the person was the controlling or the dealing authority in regard to the subject contract or if he was a direct subordinate of the officer whose decision is the subject matter of the dispute. In such a case if any circumstance exists to create a reasonable apprehension about the impartiality or independence of the named arbitrator, the Court has a discretion not to appoint such a person.
Supreme Court of India Cites 20 - Cited by 218 - R V Raveendran - Full Document
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