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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN, J
Kalyani Aditya Mineral Limited – Appellant
Versus
Aditya Birla Group Trading (India) Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. applications filed invoking section 14 (Para 1 , 2 , 3 , 4) |
| 2. challenge based on google search results (Para 5 , 6 , 7) |
| 3. allegations of conflict of interest (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. no evidence of de jure inability (Para 25) |
| 5. both applications dismissed (Para 32 , 33 , 34) |
JUDGEMENT :
[SOMASEKHAR SUNDARESAN, J.]
Context and Background:
1. Both these Applications have been filed invoking Section 14 of the Arbitration and Conciliation Act, 1996 (“the Act”). Each Application challenges the mandate of the respective arbitrator appointed in the underlying proceedings.
2. The parties to the two arbitral proceedings (and to these Applications) are identical – the Applicant, Kalyani Aditya Mineral Ltd. (“Kalyani Aditya”) and Aditya Birla Group Trading (India) Pvt. Ltd. (“Aditya Birla Trading”) 2025.02.14 17:45:48
3. The proceedings are being conducted at the Mumbai Centre for International Arbitration (“MCIA”), in terms of the agreed arbitration clause in their agreements, by which the parties had agreed to subject their disputes to resolution at the MCIA.
4. The two Applications ar
The court ruled that mere allegations of conflict of interest based on internet searches do not establish the de jure inability of an arbitrator under Section 14 of the Arbitration and Conciliation A....
The court ruled that mere allegations of bias do not establish a de jure inability of the arbitrator to perform his functions, thus denying the petition to challenge the arbitrator's appointment.
The Court cannot intervene in arbitration proceedings unless a de jure inability of the arbitrator is established, as per the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is that the grounds for termination of an arbitrator's mandate must satisfy the circumstances laid down under the Act and the precedents set by the Ho....
Previous judicial involvement does not disqualify an arbitrator under the Arbitration and Conciliation Act, as long as independence and impartiality are maintained.
Point of law: Arbitration -in the absence of an express agreement between the petitioner and the respondent subsequent to arising of disputes whereby the parties expressly agreed to waive the applica....
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