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CS Professional · Arbitration, Mediation and Conciliation · Challenge to Award and Appeals

Under a contract, the parties agreed that the arbitrator must be a retired High Court judge. Meera Pharma Ltd. finds that the arbitrator appointed is a practising chartered accountant with no judicial office. Which ground under Section 12(3) is available to Meera Pharma?

Meera Pharma can challenge on the ground that the arbitrator lacks the qualifications agreed to by the parties. Section 12(3)(b) allows challenge on this basis, and the contract required a retired High Court judge, which a practising chartered accountant is not.

  1. AThat the arbitrator does not possess the qualifications agreed to by the partiesCorrect
  2. BThat the arbitrator is older than the other party's nominee
  3. CThat the arbitrator charges higher fees than the parties expected
  4. DThat the arbitrator has not completed the award within twelve months

Explanation

Section 12(3)(b) permits a challenge where the arbitrator does not possess the qualifications agreed to by the parties. The agreed qualification was a retired High Court judge, which he lacks. The other options are not grounds listed in Section 12(3).

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