Supreme Court of India: Whether the Delay In Passing the Award Can Be A Ground To Appoint A Substitute Arbitrator By the Court In Deviation With the Arbitration Agreement

In Rajasthan Small Industries Corporation Limited v. Ganesh Containers Movers Syndicate 2019 (1) SC ALE 670, the Supreme Court of India decided the validity of the appointment of an arbitrator by the court of its own choice departing from the arbitration clause. The Court inter-alia held that mere neglect of an arbitrator to act or…

Comparison of Arbitration regime in India, Singapore and England and Wales – Part 2

Image Courtesy: iEduNote In continuation of Part 1 of this series (Comparison of Arbitration Regime in India, Singapore and England and Wales – Part 1), I would be covering the role of Court in selection of Arbitrators, disclosure of conflicts by arbitrators and role of court in when appointment is challenged,  ethical duties of arbitrators, evidentiary assistance…

Comparative Analysis of Challenging an Award on the ground of breach of Natural Justice in England and Wales, Singapore and India

England and Wales Arbitrator’s duty to act fairly is recognized in the English Arbitration Act, 1996 (the English Act). In this regard, reference can be made to Section 33 of the English Act which defines the applicable due process standards in arbitrations. Section 33(1)(a) mandates the arbitral tribunals to “act fairly and impartially” “giving each…