Delhi High Court sets aside arbitral award passed by Arbitrator having de jure inability to pass the award
The ineligibility of an Arbitrator goes to the root of his jurisdiction and the Arbitral Award cannot be considered as valid.
de jure
Delhi High Court | Challenge to the mandate of the arbitrator on the ground of bias and impartiality cannot be raised under Section 14 of the Arbitration and Conciliation Act, 1996
The Ministry of Petroleum and Natural Gas in the Union Government had instituted proceedings under Sections 14(2) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (Act) for a declaration that the majority of the members of the Arbitral Tribunal were de jure/de facto unable to discharge their functions and consequently their mandate stands terminated in terms of Section 14 of the Act.