Question
Legal Studies Question on Arbitration, Tribunal Adjunction, and Alternative Dispute Resolution
In which of the following circumstances an arbitrator may not be challenged as per the Arbitration and Conciliation Act, 1996?
A
When a justifiable doubt as to his independence arises.
B
When a justifiable doubt as to his impartiality arises.
C
When he possesses the qualifications agreed by the party.
D
When he becomes ineligible as per the seventh schedule of the Act.
Answer
When he possesses the qualifications agreed by the party.
Explanation
Solution
An arbitrator cannot be challenged merely for possessing the qualifications agreed upon by the parties. Challenges are valid when there are doubts regarding the arbitrator’s independence, impartiality, or eligibility per the seventh schedule.