Whether appointment of retired employees of a party as Arbitrators can be construed to be a violation of Section 12(5) read with the Fifth and Seventh Schedules of the Arbitration and Conciliation Act, 1996 – Centex (India) Engineers (P) Ltd. Vs. Executive Engineer/BRL, Eastern Railway, Sealdah and Anr. – Calcutta High Court

Hon’ble Calcutta High Court held that the appointment of the Arbitral Tribunal being clearly unilateral at the behest of the Railways, the same is violative of the ratio of Perkins Eastman (supra) and Glock Asia-Pacific Limited (supra) as well as the provisions of Section 12(5) and the Fifth and Seventh Schedule of the 1996 Act and hence, is bad in law. Retired employees of the Railways fall outside the pale of the said bar and cannot be considered to be ineligible as arbitrators within the contemplation of the 1996 Act.

Scroll to Top