Appointment of an Arbitrator

Arbitration and Conciliation Act 

Sections 12(1), 12(4) & 13 

Appointment of Arbitrator  

Interpretation of section 

When a person is approached in connection with his possible appointment as arbitrator it is his duty to disclose in writing any circumstances which are likely to give rise to justifiable doubts as to his independence or impartiality. 

Disclosure is to be made in form specified in Sixth Schedule, and grounds stated in Fifth Schedule are to serve as guide in determining whether circumstances exist which give rise to justifiable doubts as to independence or impartiality of arbitrator. 

Once this is done, appointment of arbitrator may be challenged on ground that justifiable doubts have arisen. 

Where person become ineligible to be appointed as arbitrator his mandate automatically terminates and he shall be substituted by another arbitrator. 

It is only if controversy occurs concerning whether he has become de jure unable to perform his function that party has to apply to Court to decide on termination of mandate.

Bharat Broadband Network Limited vs United Telecoms Limited 

CA 3972/19 16/04/19 

[  R.F. Nariman JJ ]

[ SUPREME COURT ]