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Brief case: Court can replace arbitrator

A weekly selection of key court orders

Illustration: Binay Sinha
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Illustration: Binay Sinha

M J Antony
Court can replace arbitrator 

The Supreme Court has ruled that even if an arbitrator has been specified in the contract, the court can appoint another in certain circumstances. If there is a reasonable apprehension in the mind of a party that he would not act independently or impartially or if he is not available, the aggrieved party can approach the chief justice of the high court and ask him/her to nominate a person different from the one named in the agreement, the Supreme Court said in the judgment, Union of India vs Besco Ltd. The judge must give reasons for departure