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.