Wednesday, 5 July 2017

What is distinction between independence and impartiality of Arbitrator?

Independence and impartiality are two different concepts. An arbitrator may be independent and yet, lack impartiality, or vice versa. Impartiality, as is well accepted, is a more subjective concept as compared to independence. Independence, which is more an objective concept, may, thus, be more straightforwardly ascertained by the parties at the outset of the arbitration proceedings in light of the circumstances disclosed by the arbitrator, while partiality will more likely surface during the arbitration proceedings.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
(Before A.K. Sikri and R.K. Agrawal, JJ.)
M/s. Voestalpine Schienen GMBH v.
Delhi Metro Rail Corporation Ltd. .
Arbitration Petition (Civil) No. 50 of 2016
Decided on February 10, 2017
Citation: 2017 SCC OnLine SC 172
Read full judgment here:Click here
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