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The Supreme Court held that the Arbitration and Conciliation Act,
1996, does not disqualify a former employee from acting as an
arbitrator, provided that there are no justifiable doubts as to his
independence and impartiality. The bench of Justice Abhay
Manohar Sapre and Justice Indu Malhotra observed that, even after
2015 amendment, the position remains the same, as Entry 1 to 5th
Schedule of the Act does not include "past/former employees."
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M/S ICOMM Tele LTD. V.Punjab State Water Supply & Sewerage
Board & Anr.
The Supreme Court observed that the High Court, while dealing
with an application under Section 11(6) of the Arbitration and
Conciliation Act, seeking appointment of an 'independent Arbitrator',
should first resort to the mechanism in appointment of an arbitrator
as per the terms of contract as agreed by the parties.
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The Supreme Court held that it would be necessary for the Court
before considering and passing final orders on an application under
Section 11(6) of the Act to await the adjudication by the stamp
authorities, in a case where the document objected to, is not
adequately stamped.
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In addition to that, the Court held that the award was also liable to
be set aside under Section 34(2)(a)(iii) on the finding that the party
was rendered "unable to present his case".
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The Supreme Court held that the only prerequisite for an arbitration
agreement is that it should be in writing and it cannot be said that in
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The State Of Bihar & Ors. V. Bihar Rajya Bhumi Vikas Bank
Samiti
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