Law · Arbitration and Conciliation Act, 1996
In accordance with their agreement for a three-member arbitral tribunal, 'X' appoints Mr. A1 as his nominee arbitrator; 'Y' appoints Mr. A2 as his nominee arbitrator; and Mr. A1 and Mr. A2 together appoint Ms. A3 as the third arbitrator who acts as the presiding arbitrator. Which of the following statements is true?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1All three arbitrators are expected to act with independence and impartiality, regardless of the party that nominated or appointed them.✓
- 2Ms. A3 would have the casting vote in the adjudication process, since she is the presiding arbitrator.
- 3Mr. A1 must protect the interests of 'Y' and Mr. A2 must protect the interests of 'X' to achieve balance in the constitution of the tribunal.
- 4Mr. A1 and Mr. A2 are meant to protect the interests of 'X' and 'Y' respectively, since that is the purpose of nominee arbitrators.
Correct answer
All three arbitrators are expected to act with independence and impartiality, regardless of the party that nominated or appointed them.
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