Prior To 2015 Amendment Act, Non-Disclosure Of Information Per Se Not A Ground To Incur Disqualification U/S 12 Of Arbitration Act: Rajasthan High Court

The Rajasthan High Court held that non-disclosure of information per se was not a ground for disqualification under Section 12 of the Arbitration Act before the 2015 amendment. The case involved a dispute over the quality of coal supplied, with the respondent’s industrial plant allegedly damaged due to low-quality coal. The Commercial Court had set aside the arbitral award, citing the arbitrator’s non-disclosure of affiliation with the claimant’s sister company. The High Court clarified that the statutory recognition of per se ineligibility under the amended provision did not exist in the unamended section, impacting the grounds for disqualification.