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The Arbitration and Conciliation Act, 1996: page 49

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 49. Unreviewed extraction.

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Previous services for one of the parties or other involvement in the case
    20. The arbitrator has within the past three years served as counsel for one of the parties or an affiliate
of one of the parties or has previously advised or been consulted by the party or an affiliate of the party
making the appointment in an unrelated matter, but the arbitrator and the party or the affiliate of the party
have no ongoing relationship.
     21. The arbitrator has within the past three years served as counsel against one of the parties or an
affiliate of one of the parties in an unrelated matter.
    22. The arbitrator has within the past three years been appointed as arbitrator on two or more
occasions by one of the parties or an affiliate of one of the parties.
    23. The arbitrator’s law firm has within the past three years acted for one of the parties or an affiliate
of one of the parties in an unrelated matter without the involvement of the arbitrator.
    24. The arbitrator currently serves, or has served within the past three years, as arbitrator in another
arbitration on a related issue involving one of the parties or an affiliate of one of the parties.
Relationship between an arbitrator and another arbitrator or counsel
    25. The arbitrator and another arbitrator are lawyers in the same law firm.
    26. The arbitrator was within the past three years a partner of, or otherwise affiliated with, another
arbitrator or any of the counsel in the same arbitration.             e
                                                                od
    27. A lawyer in the arbitrator’s law firm is an arbitrator in another dispute involving the same party or
parties or an affiliate of one of the parties.
                                                           aC
     28. A close family member of the arbitrator is a partner or employee of the law firm representing one
of the parties, but is not assisting with the dispute.
                                                     di
   29. The arbitrator has within the past three years received more than three appointments by the same
counsel or the same law firm.                   In
Relationship between arbitrator and party and others involved in the arbitration
    30. The arbitrator’s law firm is currently acting adverse to one of the parties or an affiliate of one of
the parties.
    31. The arbitrator had been associated within the past three years with a party or an affiliate of one of
the parties in a professional capacity, such as a former employee or partner.
Other circumstances
   32. The arbitrator holds shares, either directly or indirectly, which by reason of number or
denomination constitute a material holding in one of the parties or an affiliate of one of the parties that is
publicly listed.
    33. The arbitrator holds a position in an arbitration institution with appointing authority over the
dispute.
    34. The arbitrator is a manager, director or part of the management, or has a similar controlling
influence, in an affiliate of one of the parties, where the affiliate is not directly involved in the matters in
dispute in the arbitration.
    Explanation 1.—The term “close family member” refers to a spouse, sibling, child, parent or life
partner.
    Explanation 2.—The term “affiliate” encompasses all companies in one group of companies including
the parent company.
    Explanation 3.—For the removal of doubts, it is clarified that it may be the practice in certain specific
kinds of arbitration, such as maritime or commodities arbitration, to draw arbitrators from a small,
specialised pool. If in such fields it is the custom and practice for parties frequently to appoint the same
arbitrator in different cases, this is a relevant fact to be taken into account while applying the rules set out
above.

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