Trace Your Case

ISSUE:

Whether appointing the Indian Oil Corporation's Director as Arbitrator would take away the independence and impartiality of the arbitral tribunal?

RULE:

Government contract arbitration clauses stating that an employee of the Department (often a high official unrelated to the work or the contract) will serve as the Arbitrator are valid and enforceable.

While the appointment of an employee as an arbitrator is not ipso facto a ground to raise a presumption of bias.

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