In Brief
The Government of Haryana challenged the High Court's dismissal of its petition objecting to the arbitrator appointed in a toll road concession dispute. The ICA had rejected the State's nominee arbitrator (a retired engineer) on grounds he was a former employee and therefore lacked independence. The Supreme Court held that the 1996 Act does not disqualify former employees from acting as arbitrators if no justifiable doubts about impartiality exist. As over 10 years had passed since retirement, the bias allegation was untenable. The Court also held that substitute arbitrators must be appointed using the same procedure as original arbitrators, and the ICA could not unilaterally appoint without allowing the State's request for time. The mandate of the three-member tribunal was terminated and a Sole Arbitrator was jointly appointed.
The lawyer headnote and full judgment text are available to registered users.