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YB WEB DESK. Dated: 4/22/2021 11:25:49 AM

HC appoints fresh arbitrator as parties demand fresh adjudication

Kolkata, Apr 21 The Calcutta High Court on Wednesday appointed Justice Sahidullah Munshi (Retd) as an independent arbitrator to adjudicate claims of an award holder, who asked for a different arbitrator, to further adjudicate on the claim. Justice Moushumi Bhattacharya of the High Court noted, “The fundamental objective of Section 12 of the Arbitration and Conciliation Act, 1996 is to ensure that the arbitrator is impartial and independent.” The said award passed on October 5, 2020 was challenged by the award debtor (petitioner), primarily on the ground that proper opportunity was not accorded to represent himself in the arbitration proceedings, as this is one of the ground as stipulated under Section 34(2)(a) (iii) of the Arbitration and Conciliation Act. The Bench noted, “The tricky issue is finding the permissible statutory route, where the award-holder also expresses discomfort with the award and wants a different arbitrator to decide the matter afresh.” A disputed question of law arising out of the application preferred under Section 34 of the Arbitration.