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1999 Supreme(Online)(Del) 7

DELHI HIGH COURT
Judge, J
M/s. Setech Electronics Limited – Appellant
Versus
M/s. Binatone Computers Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Atul Jain
For the Respondents: Mr. Rajiv Nayyar

Table of Content
1. grounds for revoking arbitrator invoked. (Para 1 , 4)
2. arguments related to arbitrator's conduct. (Para 2 , 5 , 6)
3. court's observations on bias and legal standards. (Para 3 , 8 , 12 , 13)
4. criteria for establishing a bias claim. (Para 7 , 9 , 10)
5. final ruling on the petition's dismissal. (Para 14 , 15 , 16)

1. By this petition under S.5, S.11 and S.12 of the Arbitration Act, 1940 (for short the Act), the petitioner seeks leave to revoke the authority and removal of respondent No. 1, the sole arbitrator named in the arbitration clause in the agreement dated 18 March 1993, between the petitioner and respondent No. 2, M/s. Binatone Computers Private Limited, (hereinafter referred to as the claimant) and in his place appointment of an independent arbitrator, on the ground that he has misconducted himself and the proceedings in a manner which has created reasonable apprehension in their mind that the arbitrator is biased.

2. The petition is resisted by respondent No. 2 on the plea that it discloses no cause for revocation of the authority of the sole arbitrator and the present petition is a mala fide attempt on the part of the petitioner to cause delay in the a
















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