Law: Arbitration Act, 1940

Section: 11

Arbitration Act (X of 1940) S. 11-Removal of arbitrator during pendency of arbitration proceedings-Underlying principle : Whether his acts/omissions complained against of nature resulting in miscarriage of justice. Question as to whether a petitioner has made out a case under section 11 of the Arbitration Act, 1940 for removal of an arbitrator during the pendency of an arbitration proceeding will have to be determined on the basis of the facts of each case. The underlying principle is that if the Court comes to the conclusion that the acts omissions complained of are of the nature which resulted into miscarriage of justice, it will constitute misconduct on the part of the arbitrator or misconducting of the proceedings rendering him liable to be removed. However, passing of an adverse order to a party; if within the jurisdiction of the arbitrator, will neither constitute misconduct on his part nor misconducting of the proceedings nor any bias can be inferred from such an order. It may be pertinent to observe that a Court or a tribunal is competent to regulate and to control proceedings before it in accordance with law which will naturally involve the determination of the question as to whether inspection of a particular document or its production be permitted. Muhammad Moin Khan v. Chief Settlement Commissioner etc. P L D 1961 S…