Removal Of An Arbitrator

Arbitration is settlement of a dispute by the decision not of a regular and ordinary court of law but of one or more persons who are called arbitrators.

Natural person who resolves the dispute between parties specially by means of formal arbitration. An arbitrator appointed by the parties can be removed from the office on the proof of some grounds.

Following are the grounds for the removal of an arbitrator

i- Failure to sue reasonable dispatch

ii- Proceedings with the reference

iii- Delay in making award

iv- Arbitrator’s misconduct

v- Proceedings are misconducted.

 If arbitrator fails to use reasonable dispatch special in cases of execution of work of arbitration. It is a valid ground for removal of arbitrator. If arbitration agreement includes reference to the empire and notice of the fact to the parties and arbitrator does not conduct arbitration with this reference Arbitration shall be removed.

 It is the duty of arbitrator to make an award within four and two months respectively otherwise they are liable to be removed. If an arbitrator himself does any misconduct with reference to his personal interest shall be liable to be removed. Where arbitrator fails to inform parties to arbitration, it is equal to do the misconduct in proceedings.

 A removed arbitrator shall not be given any remuneration where he is removed. Order of removal of arbitrator is un-appealable hence revision can be filed. Removal can be made by following two modes

i- By application of parties

ii- Sou Moto

Its discretionary power of the court to remove arbitrator from his office.