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SUNITA AGARWAL
Jre Infra Private Limited – Appellant
Versus
Deendayal Port Authority – Respondent
| Table of Content |
|---|
| 1. applicability of sections 12 and 14 of the arbitration act (Para 1 , 2) |
| 2. constitution and functioning of arbitral tribunal (Para 3 , 5) |
| 3. disqualification of arbitrator as per seventh schedule (Para 4 , 6 , 7) |
| 4. independence and impartiality in arbitration proceedings (Para 8 , 9) |
| 5. grounds for challenge under the fifth and seventh schedules (Para 10 , 11 , 12) |
| 6. interpretation of item no. 16 regarding arbitrator's involvement (Para 13 , 14) |
| 7. previous involvement of the arbitrator not disqualifying (Para 15 , 16) |
| 8. judicial decisions and their influence on arbitrator's eligibility (Para 17 , 18) |
| 9. court's decision on justifiable doubts of arbitrator's impartiality (Para 19 , 20 , 21) |
| 10. dismissal of petition for arbitrator's disqualification (Para 22 , 23) |
JUDGMENT :
(Sunita Agarwal, CJ.)
1. This petition raises an interesting question relating to applicability of Section 12 and 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act, 1996’ for short) to assert that nomination made by the respondent No. 1 – original claimant is contrary to the provisions of Section 12 (5) of the Act, 1996. The person sought to be appointed as an Arbi
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....
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
An award rendered by an ineligible arbitrator is void ab-initio, and the appointment of an arbitrator by an ineligible person goes to the root of the arbitrator's jurisdiction.
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