Cochin Shipyard Ltd. Vs. Apeejay Shipping
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Head Note
Indian Arbitration Act, 1940 - Section 30 , Section 33
Legal Misconduct by Arbitrator - Challenge as to - High Court granted liberty to the respondent to examine its General Manager to substantiate its claim to establish the misconduct - Held that to substantiate a stance of legal misconduct on the part of the arbitrator, examination of any witness in court is impermissible - Grants of permission/liberty to the respondent to examine any witness in court liable to be set aside - Learned Civil Judge would requisition the records from the learned arbitrator, if not already done, and the respondent would be at liberty to advance its arguments for pressing the factum of misconduct from the said records. There shall be no order as to costs.
Topic(s)-Arbitration - Legal Misconduct by Arbitrator - Examination of any witness in court is impermissible