Arbitration and Conciliation Act, 1996
Sections 14(1)(2) & 15(2) read with Seventh Schedule—Termination of mandate of arbitrator on ground that the arbitrator flouted the provisions of confidentiality under Section 42A of the Arbitration and Conciliation Act—A perusal of the Section 42A of the Act shows that the strictest of confidentiality is required to be maintained with regard to arbitration proceedings and the award—Arbitrator is exercising an important function of adjudicating the dispute between the parties and cannot reveal the award to either of the parties, even while dictating it to the staff of DIAC—Report of DIAC seems to suggest that arbitral award was visible to respondent on the date of hearing—Affidavit of counsel for petitioner also is supporting the such stance—Mandate of arbitrator is terminated and new arbitrator appointed—Petition allowed.
[Para 9 & 10]