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RAJASEKHAR MANTHA
C and E Ltd. (Components And Equipments Ltd) – Appellant
Versus
Gopal Das Bagri – Respondent
| Table of Content |
|---|
| 1. initiation of arbitration process (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. overview of the arbitration proceedings (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. timeline of arbitration actions (Para 18 , 19) |
| 4. arguments by award debtors regarding fraud and bias (Para 20 , 21 , 22 , 23) |
| 5. counterarguments by the award holders (Para 34 , 35 , 36) |
| 6. control and management of companies (Para 48 , 49) |
| 7. assessment of arbitrator's neutrality (Para 56 , 57 , 58 , 59) |
| 8. standards for assessing bias claims (Para 80 , 81) |
| 9. conclusion regarding arbitrator's ineligibility (Para 107) |
JUDGMENT :
Rajasekhar Mantha, J.
1. The subject matter of the instant proceeding is an award dated 29th February 2020 passed by Mr. XXX, learned Senior Advocate and Sole Arbitrator. The Arbitrator was appointed by consent as recorded in Consent Terms filed by the parties, recorded in order dated 1st August 2014 in C. S. No. 344 of 2014 filed in the Ordinary Original Civil Jurisdiction of this Court.
2. AP 364 of 2020 (Gopal Das Bagri Vs. C & E Ltd. &Ors.) has been filed by the award debtors under Section 34 o
Previous judicial involvement does not disqualify an arbitrator under the Arbitration and Conciliation Act, as long as independence and impartiality are maintained.
Requirement of A&C Act is for an independent Arbitrator to be appointed, so that he/she would be in a position to decide matter impartially and as such, reducing possibility of a challenge to an arbi....
The main legal point established in the judgment is the interpretation of the ineligibility of an arbitrator under Section 12(5) of the A&C Act and the definition of 'close family relationship' as pe....
The court emphasized that the threshold for interference under Section 14 should be set at a high level to prevent the derailment of arbitral proceedings by a disgruntled party.
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.
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
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