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DELHI HIGH COURT
YASHWANT VARMA
Union of India – Appellant
Versus
Reliance Industries Limited – Respondent
| Table of Content |
|---|
| 1. proceedings initiated under arbitration act. (Para 1 , 2 , 3) |
| 2. arguments about procedural issues and challenges. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's interpretation of challenges and bias. (Para 14 , 15 , 17 , 18 , 19 , 21 , 22 , 23) |
| 4. distinction between bias and statutory disqualification. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 5. final dismissal of petition and procedural clarity. (Para 47 , 48 , 49 , 50) |
ORDER
1. The Ministry of Petroleum and Natural Gas in the Union Government has instituted these proceedings purportedly under Sections 14(2) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 [The Act] for a declaration that the majority of the members of the Arbitral Tribunal consisting of the Chairman Sir Michael D. Kirby AC CMG and Sir Bernard Rix, the two Arbitrators nominated by respondent Nos. 1 to 3 are de jure/de facto unable to discharge their functions and consequently their mandate stands terminated in terms of Section 14 of the Act.
2. The arbitration proceedings emanate from a Production Sharing Contract [PSC] dated 12 Apri
The challenge for the appointment of Arbitrator under Section 13 of the Act can only be made along with the final award under Section 34.
Arbitration - Time limit for arbitral award - A petition under Section 29A of Act cannot be permitted to be used by one of parties to seek substitution of an arbitrator merely on basis of its unsubst....
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....
Pre-award challenges to an arbitrator's mandate based on perceived bias are impermissible, and such concerns must be raised post-award under Section 34 of the Arbitration and Conciliation Act.
The court established that allegations of bias and inefficiency against an arbitrator must meet specific legal standards for termination of their mandate, and that parties must allow arbitration to c....
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