In Brief
This appeal concerns the validity of an arbitrator's appointment under the Arbitration and Conciliation Act, 1996. The Court held that an arbitrator has a mandatory duty to disclose in writing any circumstances that could create doubts about his independence or impartiality when approached for appointment. If an arbitrator is ineligible—such as a Managing Director of a party to the dispute—the appointment is void. The Court clarified that challenges to an arbitrator must be decided by the tribunal itself before proceeding, not deferred until after the award. The appeal was allowed, setting aside the arbitrator's appointment as defective.
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