Kiran Bhide (individual) 01 March 2011
There is a pending case in the court between A & B about a Contingent Property.
Besides other issues A (Plaintiff) has appointed himself as an Arbitrator. Is it allowed by the law that one of the disputing parties can appoint himself as Arbitrator? or a third person other than the disputing parties who is neutral and capable of delivering a non partial judgement should be appointed?
In my opinion it is the later. Kindly clear my doubt on this.
Thanks.
Abhishek (j) 07 March 2011
Dear Kiran,
No plantiff can't be an arbitrator b'coz as per the principle of natural justice no person can be judge in his own cause and more over the Arbitration act in itself provides that the arbitrator should not be biased, the Sec 12 of Arbitration act 1996 provides that arbotrator shall disclose in writing circumstances likely to give rise to justifible doubts as to his independence or impartiality.
Thanks
Anurag Sharma
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