Arbitrator Who Accepted Brief Of Party’s Lawyer In An Unrelated Matter, No Clash of Interest Involved: Bombay High Court
1 year, 10 months ago

Arbitrator Who Accepted Brief Of Party’s Lawyer In An Unrelated Matter, No Clash of Interest Involved: Bombay High Court

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The Bombay High Court has ruled that there is no clash of interest involved where the Arbitrator had acted as a counsel and represented the Advocate representing the opposite party, in another unrelated matter for some other client. In a petition filed before the Bombay High Court under Section 11 of the A&C Act, the Court appointed a Sole Arbitrator proposed by the respondent. Thereafter, the petitioner filed a petition under Section 14 of the A&C Act before the Bombay High Court, seeking to terminate the mandate of the Sole Arbitrator. Referring to Schedule V of the A&C Act, which enumerates the circumstances which give rise to justifiable doubts regarding the arbitrator’s independence or impartiality, the bench noted that Items 3 and 4 of the Vth Schedule include the following grounds, respectively: “The arbitrator currently represents the lawyer or law firm acting as counsel for one of the parties”, and “The arbitrator is a lawyer in the same law firm which is representing one of the parties.” Further, the bench observed that the Bombay High Court in Sheetal Maruti Kurundwade vs. Metal Power Analytical Pvt. The High Court thus concluded that, where the counsel has accepted a brief from a particular attorney, Advocate on record, or a lawyer for some other client, the same will not amount to per se disqualification or ineligibility because the disqualification connection, as contemplated under Item 3 of Schedule VII, must be between the Arbitrator, who had acted as a counsel, and the litigant.

History of this topic

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