Misconduct by the Arbitrator /Arbitral Tribunal
Misconduct by the Arbitrator /Arbitral Tribunal Arbitrator misconduct undermines this integrity and can lead to the setting aside of arbitral awards, loss of confidence in the system, and miscarriage of justice. The integrity of arbitral proceedings is central to the credibility of arbitration as an effective mode of alternative dispute resolution (ADR). This blog explores the concept of misconduct by an arbitrator under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") Arbitration as a dispute resolution mechanism relies heavily on the impartiality, independence, and ethical conduct of arbitrators. However, instances of misconduct — ranging from bias, conflict of interest, breach of confidentiality, or procedural improprieties — challenge the fairness and efficacy of arbitration. While the Act does not explicitly define “misconduct,” Indian courts have played a…