What Are The Requirements Relating To Arbitrators Independence Or Impartiality?

Arbitrators must give a statement that they are independent and impartial on appointment. If an arbitrator is not independent or impartial, an objection in this regard must to be raised before the arbitral tribunal itself. Two schedules V and VII have recently been added to the Arbitration Act, which provide the grounds by which an arbitrator can be considered ineligible or an arbitrators independence can be reasonably questioned. This is a mandatory non obstante clause. It is not entirely cleared how these amendments will be put into practice but at present it appears that such a challenge will have to be made before the Arbitral Panel itself (under the existing judgments). However, it is possible that the courts may also exercise power in this regard.