Arbitrator was unilaterally appointed by award holder - Arbitral proceedings conducted by unilaterally appointed arbitrators carry permanent mark of bias and ineligibility and same cannot be washed away at any juncture including execution

Citation

AIROnline 2023 CAL 225

Calcutta High Court

SHEKHAR B. SARAF , J.

EC - 123 of 2022 D/- 20 - 3 - 2023

Cholamandalam Investment And Finance Company v. Amrapali Enterprises and Anr.

Arbitration and Conciliation Act (26 of 1996), S.36, S.12 - Enforcement of arbitral award -

Permissibility - Arbitrator was unilaterally appointed by award holder - At no point during

arbitral proceedings, award holders participated in the same and arbitrator proceeded and

made an award ex parte - Arbitral proceedings conducted by unilaterally appointed arbitrators

carry permanent mark of bias and ineligibility and same cannot be washed away at any juncture

including execution - Enforcement, impermissible - Sole Arbitrator appointed by High Court.

AIR 2017 SC 3889-Followed

 (Para 4) 

Cases Referred

C