Disqualification of arbitrator

Victor Khanna (Querist) 28 November 2015 This query is : Resolved
Dear Experts,

This is a unique case.

Arbitrator is the father of partners "A" & "B" who are running a partnership firm. The Arbitrator is the named Arbitrator in the partnership deed.

"A" is disgruntled with the Arbitrator over previous Awards. With mischievous intent "A" files criminal charges in a Magistrate's Court after passage of an Award.

Now after about 18 months the magistrate frames charges and starts trial.

During this process "B" has filed one more Arbitration appeal with the Arbitrator. "A" has acknowledged the appeal & Arbitrator and has attended all the proceedings and submitted his reply to the Arbitrator.

Now "A" has realized that he is not going win Award in his favor. He writes to the Arbitrator as says that Arbitrator is disqualified as there are criminal charges framed against him.

Should the Arbitrator resign?

If the Arbitrator refuses to resign & proceeds and passes an Award, will this Award be disqualified u/s 34, on the grounds that Arbitrator has misconducted himself?

Please advise.

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P. Venu (Expert) 28 November 2015
How you are connected with the issue?

Guest (Expert) 28 November 2015
As a director of some company, how you are concerned with the partnership firm, dispute of partners A & B, or the arbitrator?