likely to give rise to justifiable doubts as to his independence or impartiality; and (b) which are likely to affect his ability to devote sufficient ... circumstances exist which give rise to justifiable doubts as to the independence or impartiality of an arbitrator. Explanation 2. - The disclosure shall be made
upon the appellant’s Chairman and
Managing Director to appoint an independent and impartial arbitrator
for adjudication of disputes which arose out of the aforesaid ... experience of
arbitration worldwide. In Part 1 thereof, general
standards regarding impartiality, independence and
disclosure are set out.”
xxx xxx xxx
“17. It will
made explicit in the new Act in
regard to impartiality, independence and freedom from bias. The
decisions under the old Act on this issue ... partiality of lack of independence on his part.
14. There can however be a justifiable apprehension about the
independence or impartiality of an Employee-Arbitrator
experience of arbitration worldwide. In Part 1 thereof,
general standards regarding impartiality, independence and
disclosure are set out. General principle 1 reads as follows ... lack
impartiality, or vice versa. Impartiality, as is well accepted,
is a more subjective concept as compared to
independence. Independence, which is more an objective
partiality or lack of independence on his part. There can
however be a justifiable apprehension about the independence
or impartiality of an employee arbitrator ... partiality or lack of independence on his part. There can
however be a justifiable apprehension about the independence
or impartiality of an employee arbitrator
respondent no. 2, (the Sole Arbitrator) and appointment of an independent and impartial arbitrator in his place. Since, most of the facts and contentions ... renders himself de jure unable to perform his functions. The perceived impartiality independence of the Arbitrator lies at the core of his mandate.
46. ?Commercial
conduct giving rise to a justifiable doubt as to his impartiality and independence, it is the Arbitrator under the scheme ... prerogative of conducting the proceedings by the confidence he commands Fairness, impartiality, independence and neutrality are, therefore, the indispensable qualities of an arbitrator
Railways, functional division of Indian Railways). The petitioner
contends that neutrality, impartiality and independence of the present
members of the standing arbitral tribunal is likely ... appointment of an arbitrator must nonetheless
withstand the test of impartiality and independence as the Act would
prescribe. The petitioner also contends that Section
arbitrators. They can do so if objections to their independence and
impartiality are waived of in writing, in terms of the proviso to Section ... arbitrator, a court could
appoint an independent arbitrator if there were reasonable grounds to
doubt the independence and impartiality of the named arbitrator
circumstances likely to give rise to
justifiable doubts as to independence or impartiality of the
proposed arbitrator. Amended provisions of section 12
would apply ... section 13(4) of the Act, an assault on the independence or
impartiality of the Arbitral Tribunal is permissible by way
of filing objections
