Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Past Professional Relationship Creates Enough Bias To Terminate Arbitrator's Mandate U/S 14 Of A&C Act, Duration Is Immaterial: Delhi HC
The Delhi High Court has ruled that a past professional relationship creating bias is enough to terminate an arbitrator's mandate under Section 14 of the Arbitration Act, regardless of duration or nature of the relationship. This significant decision reinforces the impartiality required of arbitrators. Section 14 deals with the termination of an arbitrator's mandate if they become de jure or de facto unable to perform their functions. The court emphasized that even a prior, seemingly minor, professional connection that creates a reasonable apprehension of bias is sufficient to challenge an arbitrator's appointment, ensuring fairness in arbitral proceedings.