JAIPUR ZILA DUGDH UTPADAK SAHKARI SANGH LIMITED V. M/S AJAY SALES & SUPPLIERS, (SEPTEMBER 2021).

JAIPUR ZILA DUGDH UTPADAK SAHKARI SANGH LIMITED V. M/S AJAY SALES & SUPPLIERS, (SEPTEMBER 2021).

A Bench of Justices M. R. Shah and Aniruddha Bose held that in the present case, the Chairman who is elected member/Director of the Sangh, can certainly be said to be ineligible to become an arbitrator as per sub-section (5) of Section 12 of the Arbitration Act read with Seventh Schedule to the Act. Sub-section (5) of Section 12 read with Seventh Schedule of the Arbitration Act has been inserted bearing in mind the impartiality and independence of the arbitrators. It has been inserted with the purpose of neutrality of arbitrators. The independence and impartiality of the arbitrators are the hallmarks of any arbitration proceedings as observed. Rule against bias is one of the fundamental principles of natural justice which apply to all judicial proceedings and quasi-judicial proceedings and it is for this reason that despite the contractually agreed upon, the persons mentioned in Sub-section (5) of Section 12 read with Seventh Schedule to the Act would render himself ineligible to conduct.