Is misconduct of DRB members arbitrable by Arbitral-Tribunal
satpal singh
(Querist) 17 February 2011
This query is : Resolved
Sir
In one contract on FIDIC document for civil-works,in disputes resolution clause, there is provision for DRB(dipute review board)& then Arbitration.Can consumption of alcoholic drinks by DRB members at the cost of & along with one party & in the absence of other party be said misconduct of DRB members? Is such type of misconduct is adjudicable by Arbitral-Tribunal even without specific provisions in contract?Kindly advise with case laws.
Murali Krishna
(Expert) 17 February 2011
It is not arbitrable but award given by such board can be challenged. Misconduct by arbitral tribunal is not a ground under A&C Act, 1996. But by this behaviour, they could not be arbitrators in the first place, and if the misconduct is proved, definitely court will interfere with the award for any bias by the arbitral tribunal.
satpal singh
(Querist) 18 February 2011
Dear sri Murli Krishna ji
Can the reply posted by you be supported by case laws?
--Satpal Singh
