Item No.24 of the Fifth Schedule states that doubts about an arbitrator's independence or impartiality can arise if they currently serve or have served as an arbitrator in another arbitration on a related issue which involves one of the parties or an affiliate of one of the parties within the past three years.
FACTS OF THE CASE:
The Allahabad High Court, High Court in an order, suggested by the Former judge of this court, Justice V.C. Gupta as an arbitrator to resolve the dispute between the parties.
Justice V.C. Gupta, in compliance with this order, conveyed his consent through a letter in accordance with the law.
The Respondent in the case approached the High Court and contended that the proposed arbitrator, Justice V.C. Gupta, is currently engaged in arbitrating a case between the Respondent, U.P. Power Transmission Corporation Ltd., and SEW Infrastructure Ltd. thus, the said appointment was made by the High Court through an order in Civil Misc. Arbitration Application.
Further, the respondent argued that as per Item 24 of the Fifth Schedule of the Arbitration and Conciliation Act, 1996, Arbitration Act, the appointment of Justice V.C. Gupta may lead to justifiable doubts about his independence or impartiality.
The Appellant stated that the argument put forth by the Respondent was misconceived and untenable.
この記事は The Business Guardian の March 09, 2024 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です ? サインイン
この記事は The Business Guardian の March 09, 2024 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です? サインイン
PM Modi reaffirms India's commitment to Indo-pacific cooperation: Foreign Secy Misri
After Prime Minister A Narendra Modi attended Quad summit in US, Foreign Secretary Vikram Misri said that prime minister emphasised India's commitment to cooperation, contact, and engagement for growth with various partners in the Indo-Pacific region.
Jagan Reddy labels CM Naidu a "liar" in Tirupati prasad letter to PM Modi
Attempts are being Amade by Chief Minister Chandrababu Naidu to \"irreparably tarnish the sanctity, integrity, and reputation\" of Tirumala Tirupati Devasthanams, former Andhra Pradesh CM YS Jagan Mohan Reddy wrote to Prime Minister Narendra Modi on the Tirupati Prasad adulteration row.
INDIA SIGNS KEY CLEAN ECONOMY AND IPEF AGREEMENTS
India signed landmark Clean and Fair Economy agreements under the IndoPacific Economic Framework (IPEF) NEW DELHI I ndia signed and exchanged first-of-its-kind agreements focused on the Clean Economy and Fair Economy under the IndoPacific Economic Framework (IPEF) on Saturday, during Prime Minister Narendra Modi's three-day visit to the United States for the Quad Summit.
Sri Lankan elections commission orders second round of presidential vote counting
In an unexpected turn of events, Sri Lanka polls, Elections Commission Chairman RLAM Ratnayake announced a second preference count.
PM MODI: STRONG INDIA-JAPAN TIES ESSENTIAL FOR GLOBAL PROSPERITY
PM Modi and Japanese PM Kishida met at the Quad Leaders’ Summit to strengthen the India-Japan partnership
India focuses on unity and democratic values during PM Modi's US visit
Among the overachAing messages from Prime Minister Narendra Modi's engagements during the Quad summit is the emphasis of India on minimizing conflict and division while leveraging democratic values to pursue development objectives, Foreign Secretary Vikram Misri said on Sunday.
Ashwin hails miraculous comeback after victory over Bangladesh
Following India's triumph over Bangladesh in the first Test in Chennai by 280 runs, veteran spinner Ravichandran Ashwin addressed the post-match press conference and commended Rishabh Pant's remarkable comeback.
Fossil fuels to dominate energy mix as EV growth slows and clean energy faces hurdles: McKinsey Report
Despite the ongoing shift toward cleaner energy, fossil fuels will continue to play a major role in meeting global energy needs, accounting for 40 to 60 per cent of global energy supply by 2050 due to the slowerthan-expected adoption of electric vehicles (EVs) and challenges in scaling clean energy technologies, according to McKinsey report.
DFS secretary leads conference on recoveries, pendency, DRT 2024
In a move to improve the In ery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATS), M.Nagaraju, Secretary of the Department of Financial Services (DFS), chaired a conference of chairpersons of DRATS and presiding officers of DRTs in the capital on Saturday.
Reliance Foundation pledges up to USD 10 million to women in digital economy fund
Reliance Foundation has Reliance committed up to USD 10 million to the Women in Digital Economy Fund (WiDEF), a collaboration between the United States Agency for International Development (USAID) and the Bill and Melinda Gates Foundation (BMGF).