Arbitral award set aside as passed by ineligible arbitrator

Chokhi Dhani Vs JS Construction (Madhya Pradesh High court)

Held that qualification of the arbitrator as per the arbitration agreement is pre-requisite for eligibility to be appointed as an appointed as an arbitrator. Arbitrator not satisfying the qualification is ineligible and arbitral award passed by such ineligible arbitrator cannot be sustained in the eyes of law.

Facts-

The appellant alleged that ex-parte award was passed by the arbitrator. The application filed by the appellant under order 7 rule 11 of CPC was rejected by the arbitrator. Accordingly, a civil revision was filed before the court, however, after passing of the final award by the arbitrator, the civil revision had become infructuous.

The award passed by the arbitrator was challenged by the appellant u/s 34 of the Act before the District Judge which was dismissed by the District Judge and hence this appeal.

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