Arbitrator cannot be impleaded in proceedings under S. 36(2) of A&C Act until prima facie case of fraud/corruption is established: Calcutta HC
The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.