THE FlFTH SCHEDULE of the Amended act of the Arbitration and Conciliation Act 1996

THE FlFTH SCHEDULE

 [See section 12 (I)(b)]

The following grounds give rise to justifiable doubts as to the independence or impartiality of arbitrators :
 Arbitrator’s relationship with the parties or counsel

1. The arbitrator is an employee, consultant, adviser 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 par-ties or an affiliate of one of the parties. ll.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.

 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 affiliate of one of the parties.
 16. The arbitrator has previous involvement in the case.

 Arbitrator’s direct or indirect interest in the dispute 

' 17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one of the parties that is privately held.
18. A close family member of the arbitrator has a significant financial interest in the outcome of the dispute.
19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute.

• 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

-Amendment of section 37 of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015

-Amendment of Section 56  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 47  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of section 48  of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-Amendment of Section 57   of the Arbitration and Conciliation Act 1996 by the Arbitration and Conciliation (Amendment) Act, 2015
-THE FlFTH SCHEDULE of the Amended act of the Arbitration and Conciliation Act 1996

Justifiable Ground for the Independence or impartiality of the Arbitrator :- Relationship between an arbitrator and another arbitrator or counsel.

Justifiable Ground for the Independence or impartiality  of the Arbitrator

Relationship between an arbitrator and another arbitrator or counsel.

 25. The arbitrator and another arbitrator are lawyers in the same law firm.
 26. The arbitrator was within the past three years a partner of, or otherwise affiliated with, another arbitrator or any of the counsel in the same arbitration.
27. A lawyer in the arbitrator’s law firm is an arbitrator in another dispute involving the same party or parties or an affiliate of one of the parties.
 28. A close family member of the arbitrator is a partner or employee of the law firm representing one of the parties, but is not assisting with the dispute.
29. The arbitrator has within the past three years received more than three appointments by the same counsel or the same law firm.

• 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

THE SIXTH SCHEDULE of the Amended act of Arbitration and conciliation act 1996

THE SIXTH SCHEDULE
 [See section 12 (1)(b)]

 ' NAME: CONTACT DETAILS:

 PRIOR EXPERIENCE (INCLUDING EXPERIENCE WITH ARBITRATIONS):

 NUMBER OF ON-GOING ARBITRATIONS:

 CIRCUMSTANCES DISCLOSING ANY PAST OR PRESENT RELATIONSHIP WITH OR INTEREST IN ANY OF THE PARTIES OR IN RELATION TO THE SUBJECT MATTER IN DISPUTE, WHETHER FINANCIAL, BUSINESS, PROFESSIONAL OR OTHER KIND, WHICH IS LIKELY TO GIVE RISE TO JUSTIFIABLE DOUBTS AS TO YOUR INDEPENDENCE OR IMPARTIALITY (LIST OUT):

CIRCUMSTANCES WHICH ARE LIKELY TO AFFECT YOUR ABILITY TO DEVOTE SUFFICIENT TIME TO THE ARBITRATION AND IN PARTICULAR YOUR ABILITY TO FINISH THE ENTIRE ARBITRATION WITHIN TWENTY-FOUR MONTHS AND RENDER AN AWARD WITHIN THREE MONTHS (LIST OUT):

• 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 direct or indirect interest in the dispute

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

  Arbitrator’s direct or indirect interest in the dispute

17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one of the parties that is privately held.

 18. A close family member of the arbitrator has a significant financial interest in the outcome of the dispute.

 19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to ' recourse on the part of the unsuccessful party in the dispute.

 Explanation l.~ 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 frequentlyI to appoint the same arbitrator in different cases, this 'is a relevant fact to be taken into aeoount 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:-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