aforesaid
cases the facts revolved around the qualification of an Arbitrator. Section 12
read with the 5th and 7th Schedule of the Amended ... provide any substantive right
to any party with regard to qualification of an Arbitrator. By the new
schedules the procedure laid down with regard
fact situation. Firstly, there is no
qualification for the arbitrator prescribed in the
agreement. Secondly, to secure the appointment of
an independent and impartial arbitrator ... exercise of power and further
satisfaction as regards the qualification of the
arbitrator. That apart, under certain circumstances
the Chief Justice or his designate
provisions. It is imperative for the Court to examine qualification and impartiality of arbitrator as well as to secure speedy resolution of dispute. The terms ... case where arbitrator is named, by designation, where (i) arbitrator named is not impartial, or (ii) he lacks required qualification, or (iii) for any other
Investors, arguing that he did not possess the
special qualification required to act as Arbitrator. The Investors pointed out
that the said challenge was time ... 2017 Page 12 of 25
agreement required as regards the qualification of the
Arbitrator. Likewise, the decisions in Supriya Kumar Saha v.
Union of India
ground that he did not possess the special
qualification required to act as Arbitrator. The Respondents pointed out that
the said challenge was time barred ... adhere to what the agreement required as regards the qualification
of the Arbitrator. Likewise, the decisions in Supriya Kumar Saha v. Union
of India ( supra
deal with the
arbitration in this case; and no other arbitrator not having such qualification
could be appointed in this matter. These contentions are countered ... fact situation.
Firstly, there is no qualification for the arbitrator prescribed in the
agreement. Secondly, to secure the appointment of an independent and
impartial arbitrator
qualified the appointment in respect of the present dispute.
The qualification of the arbitrator required to adjudicate the dispute is in Clause ... which reads:
3
"64.(3)(c)(iii)(i) Qualification of Arbitrator (s)
(a) Serving Gazetted Railway Officers of not below JA Grade level
Arbitrator cannot decide his own case, as no
man can judge for his own cause. The Arbitrator is not
having requisite qualification required under Section ... Arbitrator has failed to pass the award etc. The learned
counsel appearing for the Plaintiff contended that the
Arbitrator is not having requisite qualification required
M/S P K Construction Co And Another vs The Shimla Municipal Corporation And ... on
Nigam Limited, New Delhi.
(iii) Qualification and Experience of Arbitrators: The
arbitrators to be appointed shall have minimum
qualification and experience as under ... persons appointed as per above
procedure and having above qualification and
experience shall act as arbitrator.
(v) Neither party shall be limited in the proceedings
