Law: Arbitration Act, 1940

Section: 30(a)

(a) Arbitration Act (X of 1940)--- ----S. 30(a)---Ex-parte arbitration award, setting aside of---No plausible objections raised---Merely filing an objection under section 30 of the Arbitration Act, 1940 carries no great weight and is inconsequential unless some substantial grounds are alleged in the objections warranting and deserving the setting aside of the award, which the petitioner failed to underline in the present case---Record reflected that ample opportunity was afforded to the petitioner to join the (arbitration) proceedings but the petitioner was so reckless and reluctant to join for which the Arbitrator cannot be blamed---Even no plausible grounds are raised in the objection which may infer, corroborate or substantiate any act of misconduct on the part of the Arbitrator which could be proved to the satisfaction of the Court---Petitions for leave to appeal were dismissed and leave was refused. (b) Arbitration Act (X of 1940)--- ----S. 30(a)---Grounds for setting aside arbitration award---Legal misconduct by Arbitrator---Scope---Arbitrator misconducts the proceedings when (i) there is a defect in the procedure followed by him; (ii) he commits breach and neglect of duty and responsibility; (iii) he acts contrary to the principles of equity and good conscience; (iv) he acts without jurisdiction or exceeds it; (v) he acts beyond the reference; (vi) he proceeds on extraneous circumstances; (vii) he ignores material documents; or (viii) he bases the award on no evidence. (c) Arbitration Act (X of 1940)--- ----S. 30(a)---Grounds for setting aside arbitration award---Arbitrator, duties of---Moral misconduct by Arbitrator---Scope---It is essential that there must be abundant good faith, and the arbitrator must be absolutely disinterested and impartial, as he is bound to act with scrupulous regard to the ends of justice---Arbitrator must be a person who stands indifferent between the parties---Arbitrator should in no sense consider himself to be the advocate of the cause of the party appointing him, nor is such party deemed to be his client---When a claim or matter in dispute is referred to an arbitrator, he is the sole and final Judge of all questions, both…

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