Employees of a Party Ineligible for Appointment as Arbitrator – The Delhi High Court view in Assignia-VIL JV (Assignia) v Rail Vikas Nigam Ltd: April 2016

The Delhi High Court has recently ruled that a party to an arbitration cannot nominate its serving or retired officer as its nominee arbitrator. This view was taken in light of the recent amendments introduced by the Arbitration and Conciliation (Amendment) Act, 2015. The law was earlier governed inter alia by the Supreme Court judgement in Indian Oil Corporation Ltd. […]

English Court Removes Arbitrator for Apparent Bias

In the recent case of Cofely Ltd v Anthony Bingham & Knowles Ltd [2016] EWHC 240, England’s High Court made an order for the removal of the arbitrator (Anthony Bingham), pursuant to section 24 (1)(a) of the Arbitration Act 1996, on the grounds of apparent bias, as in the previous 3 years, 19% of the arbitrator’s appointments and 25% of […]

What is Customary Arbitration?

Customary Arbitration is arbitration in dispute founded on the voluntary submission of the parties to the decision of the arbitrators who are either chiefs or elders of the community. It is uniquely distinct from arbitration under the statute. At the centre of customary arbitration is the settlement of disputes by one or more arbiters in a community in accordance to […]

Cases Not Likely To Be Suitable For Mediation

Even some ardent practitioners of Alternative Dispute Resolution will agree that there are some disputes that are unsuitable for ADR. Some of the cases which might be seen as “unsuitable for mediation” were mentioned in the case of HALSEY V MILTON KEYENS GENERAL NHS TRUST [2004] 4 ALL E.R 920. In this case the Court Of Appeal held that dealing […]

How To Reach A Settlement In Mediation

As parties approach agreement in the mediation sessions, alternative methods are available to the parties and mediator. If it seems helpful, the mediator can convene an intermediate joint session where the parties can negotiate the final points, face to face. If necessary, one or more private sessions may be interposed.  Again, the mediator might convene a final joint session at […]