Delhi High Court Sets Aside Arbitral Award Due To Failure Of Arbitrator To Disclose Conflict, Non-Supply Of Documents

The Delhi High Court in the case Flfl Travel Retail Lucknow Private Limited vs. Airport Authority Of India And Anr observed and has held that the duty of arbitrators of disclosure of any conflicts under Section 12 of the Arbitration and Conciliation Act, 1996 is mandatory and continuous throughout the proceedings.

The bench headed by Justice Prateek Jalan in the case noted that the disclosure must be in writing and a verbal disclosure does not suffice.

The court in the case also held that there was a violation of section 18 of the Act as the party has not had an opportunity to consider and respond to submissions on evidence furnished by the opposing party.