Appointment Of Arbitrator By GM Of Metro Rail In Dispute Between Railways & Contractor Is Barred U/S 12(5) Of Arbitration Act: Calcutta HC

Calcutta High Court ruled that the appointment of an arbitrator by the General Manager of Metro Railways in a dispute between the railways and a contractor is barred under Section 12(5) of the Arbitration and Conciliation Act. The court found that the General Manager's position within the Metro Railways created justifiable doubts regarding his impartiality and independence, thus disqualifying him from appointing the arbitrator in a dispute involving his own organization. This decision emphasizes the importance of neutrality in the appointment of arbitrators.