Change of arbitrator

praveen kumar (Querist) 03 September 2014 This query is : Resolved

dear experts

when on the request of the party, an arbitrator has been appointed; can the party request for change of arbitrator as not being "competent or expert".?

Can any such request for change of arbitrator be made to appointing authority even after appointment of arbitrator as per legal provisions??

kindly bring some light on the issue.

regards

praveen

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Surrender K Singal (Expert) 03 September 2014
Some valid grounds, duly substantiated, be urged before the Authority, to warrant such request !

praveen kumar (Querist) 03 September 2014
Singal sir

in hotel marina vs Sushil kumar raut 2003(2) RAJ 395B(Del) it was decided that 'Appointing authority' can not change the mandate of arbitrator .

kindly peruse

Advocate. Arunagiri (Expert) 03 September 2014
If the arbitrator is not a competent person, you can demand to appoint any other competent person.

Surrender K Singal (Expert) 04 September 2014
Changing the mandate is totally different that seeking change of Arbitrator itself !
You have to substantiate his incompetence for the subject matter of arbitration !

praveen kumar (Querist) 04 September 2014
Singal Sir

there is no specific provision in arbitration act that enables appointing authority to change arbitrator. Plain reading of sections 12- 15 reflect that unless a procedure is agreed other wise between the parties arbitrator's mandate can terminate only
1. arbitrator withdraws - oneself or if challenged by one of the parties and arbitrator decides to quit.
2. if both parties agree
3. by intervention of court.

Kindly cleaar my con fusion sir and please give me the exact provision that i could rely on.
regards

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