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EFFECT OF NON-DISCLOSURE BY ARBITRATOR UNDER SECTION 12 OF THE ARBITRATION AND CONCILIATION ACT, 1996

—Arvind Nayar

The full chapter may be found by clicking on the PDF link to the left.

Against the backdrop of accelerated economic growth and expanding spheres of commercial activity, arbitration has emerged as one of the most feasible alternatives to the conventional means of dispute resolution which is suited to the unique needs of the swiftly-moving society. The unencumbered operation of arbitral proceedings and the associated transactions, however, rest on the cornerstones of neutrality and impartiality. The 2015 amendment to the Arbitration and Conciliation Act, 1996, which constitutes the legislative backbone of arbitration in India, sought to firmly integrate these features within the Indian legal framework governing arbitration. It is the author’s contention that these cornerstones now constitute an integral part of the Indian law governing arbitration. Through a careful scrutiny of the recent judicial precedents, the author establishes the significance accorded to arbitral neutrality within the Indian arbitral framework, highlighting the consequences of failure to ensure the same. The author has drawn upon foreign jurisdictions to conclusively analyse the credentials of the Indian judicial framework by making a comparative examination of such provisions in light of the legislative and judicial framework of the UK, USA, Singapore and France. The article has been concluded with an assessment of the adequacy of the aforementioned Act with respect to disclosure obligations, an exposition of the challenges that encumber the ability of the aggrieved parties to seek relief along with suggestions to alleviate their distress.

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