Foul Arbitrator - What to do?

Please refer s.14 or 15 of TAACA 1996. I do not remember the exact section at the moment. It says that the mandate of the Arbitrator terminates if he does not act or has become incapable of acting. You can move the court under the said section for a declaration that his mandate has terminated and proceed to appoint a new arbitrator. Secondly you may also caution the arbitrator that he comes within the meaning of a "public servant" and would be liable for penal consequence for abuse of his position i.e. illegal omission to act and thereby enabling either himself or someone else to gain advantage within the meaning of prevention of corruption act. These are my loud thinking.

Dear Venkat,

Anil has correctly hit the bulls eye.  Kindly see Section 14 Failure or impossibility to Act (1) The Mandate of an arbitrator shall terminate if - (a) he becomes dejure or defacto unable to perform his functions or for other reasons fails to act without undue delay.

It is advisable that you may approach this Arbitrator with a suitable application in this regard enumerating all the facts and cirtumstances and make him to take a stand.

I hope this clarifies your query.

Best regards

Daksh