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Challenge to the independence or impartiality of an arbitrator

Following up on the previous session, Speaker, Shashank Garg commenced with a brief distinction between the Challenge of the Arbitrability of the Dispute and the Challenge of the Independence and Impartiality of an Arbitrator. Referring to the Law Commission Report No. 246, the International Bar Association Guidelines and Schedule VII of the Arbitration and Mediation Act, the speaker expounded Section 12 of the Act and explained to the participants that the Arbitrator is bound to disclose in writing any direct/indirect, past/present relationship that he might have with any of the party or with the subject matter. Further, that the Arbitrator must disclose anything that might cause his inability to work in the future.

Further the speaker also discussed the provisions of the Arbitration and Conciliation Act, 1996 in detail. The focus of this session were Sections 12, 13, 14,15, and Schedule VI and VII, along with corresponding judgments. Then, he briefly explained Article 14 of the ICC Rules of Arbitration and concluded the session with a question-answer segment.

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Shashank Garg

Partner, Advani & Co.