Arbitration

R.Ranganathan (Querist) 26 July 2010 This query is : Resolved
The legal requirement in cases of Arbitration.

Husband is an advocate wife a law graduate with bank experience. Husband is legal counsel for the company. Can wife be appointed Arbitrator for the proceedings of the company. Is it legally valid. Under what circumstances it can be done. Is there any legal bar to the appointment.

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s.subramanian (Expert) 26 July 2010
there is no impediment in law for your wife being appointed as arbitrator.but as matter of prudence and caution it is better to avoid such appointment for practical reasons.there is evry chance of her being branded and biassed in faovur of the company of which you are the legal adviser.her award is also likely to be challenged on this ground.

Daksh (Expert) 26 July 2010
Dear Mr.Ranganathan,

I agree with the opinion of Mr.Subramanian and would like to add that at the time of conciliation proceeding and when the procedural things/fee module is to be discussed this fact can always be disclosed and it should be left open for the parties to opt/or back out from such arrangement.

Best Regards

Daksh