Justifiable Ground for the Independence or impartiality of the Arbitrator:-Relationship between arbitrator and party and others involved in the arbitration

Justifiable Ground for the Independence or impartiality  of the Arbitrator:-

Relationship between arbitrator and party and others involved in the arbitration Matters  

30. The arbitrator’s law firm is currently acting adverse to one of the parties or an affiliate of one of the parties.

31. The arbitrator had been associated within the past three years with a party or an affiliate of one of the parties in a ’ professional capacity, such as a former employee or partner.
 Other circumstances

 32. The arbitrator holds shares, either directly or indirectly, which by reason of number or de-nomination constitute a material holding in one of the parties or an affiliate of one of the parties that is publicly listed.

33. The arbitrator holds a position in an arbitration institution with appointing authority over the dispute.

34. The arbitrator is a manager, director or part of the management, or has a similar controlling influence, in an affiliate of one of the parties, where the affiliate is not directly involved in the matters in dispute in the arbitration.

 Explanation 1.—— The term “close family member” refers to a spouse, sibling, child, parent or life partner.

 Explanation 2.~—The term “affiliate” encompasses all companies in one group of companies including the parent company.
 Explanation 3.—-— For the removal of doubts, it is clarified that it may be the practice in certain specific kinds of arbitration, such as maritime or commodities arbitration, to draw arbitrators from a small, specialised pool. If in such fields it is the custom and practice for parties frequently to appoint the same arbitrator in different cases, this is a relevant fact to be taken into account while applying the rules set out above. 

• The Fifth Schedule:-Arbitration Act 2015, Justifiable ground for the independence or impartiality of the Arbitrator
•   Arbitrator’s direct or indirect interest in the dispute

• Relationship between arbitrator and party and others involved in the arbitration Matters.

• Arbitrator’s relationship with the parties or counsel

•  Relationship of the arbitrator to the dispute
•  Previous services for one of the parties or other involvement in the case of arbitration Matter

Justifiable Ground for the Independence or impartiality of the Arbitrator: Arbitrator’s relationship with the parties or counsel

Justifiable Ground for the Independence or impartiality  of the Arbitrator:

THE SEVENTH SCHEDULE

 [See Section 12(5)]

 Arbitrator’s relationship with the parties or counsel

 1. The arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party.

 2. The arbitrator currently represents or advises one of the parties or an affiliate of one of the parties

. 3. The arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties.

 4. The arbitrator is a lawyer in the same law firm which is representing one of the parties

. 5. The arbitrator is a manager, director or part of the management, or has a similar controlling influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in the arbitration.

 6. The arbitrator’s law firm had a previous but terminated involvement in the case without the arbitrator being involved himself or herself.

 7. The arbitrator’s law firm currently has a significant commercial relationship with one of the parties or an affiliate of one of the parties.

 8. The arbitrator regularly advises the appointing party or an affiliate of the appointing party even though neither the arbitrator nor his or her firm derives a significant financial income therefrom.

 9. The arbitrator has a close family relationship with one of the parties and in the case of companies with the persons in the management and controlling the company.

 10. A close family member of the arbitrator has a significant financial interest in one of the parties or an affiliate of one of the parties.

 1 l.The arbitrator is a legal representative of an entity that is a party in the arbitration.

 12. The arbitrator is a manager, director or part of the management, or has a similar controlling influence in one of the parties.

 13. The arbitrator has a significant financial interest in one of the parties or the outcome of the case.

 14. The arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the arbitrator or his or her firm derives a significant financial income therefrom.

• The Seventh Schedule:-Arbitration Act 2015, Justifiable ground for the independence or impartiality of the Arbitrator
•   Arbitrator’s direct or indirect interest in the dispute

• Relationship between arbitrator and party and others involved in the arbitration Matters.

• Arbitrator’s relationship with the parties or counsel

•  Relationship of the arbitrator to the dispute
•  Previous services for one of the parties or other involvement in the case of arbitration Matter

Relationship of the arbitrator to the dispute

Justifiable Ground for the Independence or impartiality  of the Arbitrator:-

Relationship of the arbitrator to the dispute

 15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an afliliate of one of the parties.

 16. The arbitrator has previous involvement in the case.

• The Fifth Schedule:-Arbitration Act 2015, Justifiable ground for the independence or impartiality of the Arbitrator
•   Arbitrator’s direct or indirect interest in the dispute

• Relationship between arbitrator and party and others involved in the arbitration Matters.

• Arbitrator’s relationship with the parties or counsel

•  Relationship of the arbitrator to the dispute
•  Previous services for one of the parties or other involvement in the case of arbitration Matter

Justifiable Ground for the Independence or impartiality of the Arbitrator:-Previous services for one of the parties or other involvement in the case

Justifiable Ground for the Independence or impartiality  of the Arbitrator:-

 Previous services for one of the parties or other involvement in the case of arbitration Matter

 20. The arbitrator has within the past three years served as counsel for one of the parties or an affiliate of one of the parties or has previously advised or been consulted by the party or an affiliate of the party making the appointment in an unrelated matter, but the arbitrator and the party or the affiliate of the party have no ongoing relationship.

21. The arbitrator has within the past three years‘served as counsel against one of the parties or an affiliate of one of the parties in an unrelated matter.

 22. The arbitrator has within the past three years been appointed as arbitrator on two or more occasions by one of the parties or an affiliate of one of the parties.

 23. The arbitrator’s law firm has within the past three years acted for one of the parties or an affiliate of one of the parties in an unrelated matter without the involvement of the arbitrator.

 24. The arbitrator currently serves, or has served within the past three years, as arbitrator in an-other arbitration on a related issue involving one of the parties or an affiliate of one of the parties. 

• The Seventh Schedule:-Arbitration Act 2015, Justifiable ground for the independence or impartiality of the Arbitrator
•   Arbitrator’s direct or indirect interest in the dispute

• Relationship between arbitrator and party and others involved in the arbitration Matters.

• Arbitrator’s relationship with the parties or counsel

•  Relationship of the arbitrator to the dispute
•  Previous services for one of the parties or other involvement in the case of arbitration Matter

APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR FIXING AN ACTUAL DATE OF HEARING IN THE CAPTIONED MATTER

IN THE --------------- COURT OF DELHI AT ……….

I.A NO.       OF 2000

IN

------------. _______ OF 2000

IN THE MATTER OF:-

ABC.                                                                    …      Applicant

VERSUS

Xyz                                                                       …      Respondent

APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION 151

OF THE CODE OF CIVIL PROCEDURE, 1908 FOR FIXING AN ACTUAL

DATE OF HEARING IN THE CAPTIONED MATTER

MOST RESPECTFULLY SHOWETH

1. That the Petitioner has filed the accompanying Petition under Section --

of t-------------------- Act, 19-- challenging the Arbitral Award

dated --------and also the order dated ------------------- passed by the

Arbitral Tribunal on the application filed by the Petitioner under Section

---) of the------- Act, 19-- (said act). The

contents of the accompanying Petition be read as part and parcel of the

present application also, which are not repeated herein for the sake of

brevity.

2.  Pursuant to the completion of pleadings by the parties, in terms of the

directions given by the Court to the parties, both the parties have filed

their detailed Written Submissions before the Court pertaining to the

'

disputes involved therein. Thereafter in terms of the order dated

------------, the counsels appearing for the parties to file an agreed set

of documents by way of a convenience file, which was also filed by the

parties .

3. Thereafter the matter was fixed on various dates for final arguments and

disposal but the same could not be heard by the Court.

4. The matter was lastly fixed on ----------- for arguments and disposal,

on which date the matter was directed to be listed in the category of

"Finals" by the Court.

5. In terms of the "Finals" List, the captioned matter is not being reflected

and therefore the present application is being filed for listing the matter

on an actual date of hearing for final arguments and disposal. Since the

Written Submissions as well as a Joint Convenience file has already been

placed on record by both the parties, the disposal of the captioned

matter could be expedited.

6. The present application is bonafide and in the interest of justice and

equity.

PRAYER

WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be

pleased to:-

a) fix an actual date of hearing in the captioned matter.

b) pass any other order(s), which this Hon'ble Court may deem fit and

proper under the facts and circumstances of the present case.

PETITIONER/ APPLICANT

THROUGH                                                 

Advocate

Place

DATE: